Birmingham Law Society Bulletin - April/May 2022

BULLETIN

THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY

APRIL / MAY

2022 www.birminghamlawsociety.co.uk

THE SRA & WORKPLACE CULTURE – Does your firm measure up? Read the Regulation Report on P16 info@birminghamlawsociety.co.uk

HOW TO CARRY OUT EFFECTIVE ESG DUE DILIGENCE - find out more from Professor Robert Lee on P20. @birminghamlawsociety

@birminghamlawsociety

LOCAL LEGAL TALENT CELEBRATED At Birmingham Law Society’s Legal Awardssee the pictures on P6 @BhamLawSociety

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THIS ISSUE

CONTENTS 4. President’s Address.

5. Members’ News 6. Local legal talent celebrated at Birmingham Law Society’s Legal Awards 14. What does autism acceptance mean for family law?

16. Legal Tech Committee Highlights 2021 18. The SRA & workplace culture – does your firm measure up?

20. From cosy to commute? Across the UK we are seeing different variations of the attempt to get back into the office.

22. How to carry out effective ESG due diligence

Lady Hale addresses members as part of the society’s International Women’s Day celebrations.

26. Six things to consider before outsourcing your legal cashiering

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 Officers September 2021 – September 2022 President - Stephanie Perraton - Squire Patton Boggs (UK) LLP Vice President - Tony McDaid - No5 Chambers Deputy Vice President - Alice Kinder- Anthony Collins Solicitors Hon. Secretaries - Clare Murphy, Harrison Clark Rickerbys Services LTD and Mariyam Harunah, Squire Patton Boggs Board Chair – Dee Kundi, Knights PLC Vice Chair & Finance Director - Ben Henry, Jonas Roy Bloom Committee Director – Rav Hothi Professional Dev Director – Nisha Panchal, Harrison Clark Rickerbys Ex Officio as President - Inez Brown, Harrison Clark Rickerbys Steven Jonas, Jonas Roy Bloom- Director Andrews Beedham- Director Contact c/o Birmingham Law Society

ADVERTISE HERE To advertise your business to Birmingham Law Society members call Fraser Urquhart Media on 0116 2533445 or you can email jon@fu-media.co.uk or kevin@fu-media.co.uk

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PRESIDENT’S LETTER of our legal community. This year our head judge, Matt Hammond was not a lawyer but an accountant and senior partner at PWC Birmingham who brought with him a wealth of experience and business acumen from his time at the helm. The integrity of the awards is dependent on the rigorous process of selection and the tough task of selecting the winning candidate in each category. I would like to thank the judges for their time, commitment, independence and hard work. And finally, thanks go to our sponsors and Emma Jones (All in All Events) without whom the spectacular evening would not have been possible.

Spring has definitely sprung! March has been a fantastic month for Birmingham Law Society, starting with a celebration of International Women’s day on 8 March and culminating with the 20th Anniversary Awards Celebration on 31st March.

On 8 March 2022, BLS hosted an event to mark the occasion jointly with Midlands Circuit Woman’s Forum and what an event it was. The theme, #Break the Bias, was fully embraced by our inspirational speakers, who shared tips as to how they have addressed bias in their careers. Thank you to Michelle Heeley QC (No5 Chamber), Bethany Stirling (St Ives Chambers), Jo Morgan (Director of Ethics and Compliance at BT), and James Turner, (Senior Partner at Tuckers). Finally we hosted a short video from Lady Hale and following a final plea for funds we are now able to give Lady Hale’s book, “Judge Brenda & the Supreme Court” to every Primary School in the region as part of the BLS book project.

I attended the Legal Dining Event at Keele University with some exceptional students, a lunch with Dr Jess Guth from Birmingham City University, an Insights evening at Hallfield School listening to the exceptional Rt Hon. Sir Colman Treacy and was a judge at the Global Legal Hackathon hosted by Birmingham University.

But, the icing on the cake was the 20th Anniversary Legal Awards. Our last in person awards was in 2019, and after last year’s virtual event, it was fantastic to get together. There was a 4

real buzz in the room, with everyone ready to move forward, re-engage and re-connect again as a united legal community. And how smart everyone looked in person.

As we launched the awards back in November we had the new Covid 19 Omicron variant to deal with, there was talk of another lockdown, but thanks to our members, determined to recognise excellence in individuals and firms you made sure we had over 100 nominations for the awards. There were many times over the last 3 months that I didn’t think we’d be able to get together in person but we did.

It is a real testament to BLS and our members that we are still celebrating the achievements of our lawyers and law firms, across the city, 20 years after past president Mike Ward hosted the first event.

We all know that the Birmingham and West Midlands region is an unrivalled centre of legal excellence and it’s just a pity that the senior politicians and the press who are so quick to criticise lawyers, in many cases unfairly, were not in the room to witness the incredible talent and professionalism of our nominees and winners. We should and do take great pride in the people who make up our legal sector, which can only be described as a progressive, modern and diverse community.

In order, to keep the awards current and relevant we reviewed all of the categories and this year we included two new awards, one for in-house counsel won by Cleo Stewart (Midland Heart) and one for equality, diversity and inclusion won by Trowers & Hamlins. In addition, the judges found the ED&I category so difficult to judge that they awarded highly commended to Shaid Parveen and Daniel Cash both from Aston University. We will be hearing more from our winners over the coming months in the Bulletin.

After dinner we heard from Andy Grant who motivated everyone in the room with his inspirational speech about his journey from adveristy to strength.

It was my absolute pleasure to recognise Jayne Willetts for the Lifetime Achievement Award. Jayne has been qualified for 40 years and during that time has celebrated many firsts including being the first woman President of BLS in 1999 and being part of the first group of 12 (11 men and 1 woman) to gain Higher Rights of Audience in 1994. Jayne has dedicated her career for the benefit of the profession as a whole, she fiercely defends what is right, she is powerhouse, mentor and friend and I could not believe that she had not been recognised before.

I do hope that you enjoy the photos in this Bulletin and it inspires you to take part next year. We have a full calendar of events planned over the coming months and I look forward to seeing you all soon.

Stephanie Perraton, President.

Not only did we review the awards but also the panel of judges to ensure that we had the highest calibre of judges reflecting the diverse nature www.birminghamlawsociety.co.uk

NEWS become only the fifth law firm in the region to be a Living Wage employer.

The move cements a commitment to pay its employees above market rate salaries to acknowledge the true cost of living and working in the UK. Dave Hodgetts, CEO of Talbots Law, said: “As a management team we’ve made a commitment to continue our ethos of putting our people at the heart of our business, so the decision to attain accredited Living Wage Employer status was a no-brainer.

“We are committed to providing our clients with the best possible service and having happy, well-paid, motivated staff encourages that. It’s important that our staff feel looked after and are earning wages that both reflects their contribution and allows them to provide the life they want for themselves and their loved ones.

LAW FIRM MARKS BECOMING A ‘LIVING WAGE’ EMPLOYER WITH 100 NEW JOBS DRIVE Talbots Law has celebrated becoming an officially accredited ‘Living Wage Employer’ by announcing its largest ever recruitment drive.

The law firm, which became an Employed Owned Trust in 2021, is in the process of creating 100 new roles over the course of the next twelve to eighteen months, reflecting the company’s expansion across all

legal areas including conveyancing, corporate, employment, family and trusts and estates.

Jobs available range from senior legal positions and administrative roles to business support vacancies.

With six offices across the Black Country and Worcestershire, Talbots Law has used the expansion to

“We’re proud to be the 5th law firm in the Midlands to achieve the accreditation and, as ever, we will continue to explore ways that we can blaze a trail and drive positive change in the region.”

Commitment to The Living Wage means paying an hourly rate that is significantly over and above the National Minimum Wage for each employee, meaning staff will be paid a minimum of £9.90 per hour.

EXPERIENCED WILL DISPUTES PARTNER JOINS IRWIN MITCHELL IN MIDLANDS Irwin Mitchell has appointed Kamal Majevadia, a highly experienced will disputes partner and a specialist solicitor in Birmingham. Majevadia will become the team’s 6th Partner and joins from Sydney Mitchell where he was head of department and covered Dispute Resolution, Contentious Probate and Professional Negligence.

Kamal specialises in probate disputes such as inheritance tax claims and trust disputes, contentious trusts and issues with trustees as well as professional negligence. He has acted on disputes involving multi-millions of pound of assets across several jurisdictions.

He is also a member of The Association of Contentious Trust and Probate Specialists (ACTAPS) and is recommended in the independent Legal 500 guide to the best lawyers.

He will also be joined by Sabrina Moray a specialist will disputes solicitor who is moving to the Birmingham team from Sydney Mitchell. Sabrina deals with contentious probate, debt recovery and property disputes including cohabitation claims.

Irwin Mitchell provides legal and financial advice to both individuals and businesses and Kamal says the breadth of

service and the human touch approach to working with clients was what attracted him to the firm.

He said: “This is a fantastic opportunity to join Irwin Mitchell which is the leading will dispute team in the UK. The support network of added services of a full service firm couple with the financial planning and asset management services on offer will be extremely attractive to my clients. We also share the same ethos of providing a human touch approach to working with our clients and I can’t wait to get started.”

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NEWS LOCAL LEGAL TALENT CELEBRATED AT BIRMINGHAM LAW SOCIETY’S LEGAL AWARDS

Recognising the achievements of Birmingham’s legal talent, the winners of Birmingham Law Society’s Legal Awards were announced on Thursday night.

After last year’s virtual ceremony, Birmingham Law Society’s flagship awards took place at the ICC, allowing the local legal industry to come together and celebrate.

Of the twelve awards distributed, Jayne Willetts of Jayne Willetts & Co Solicitors won the coveted Lifetime Achievement Award. Having practised law for almost 40 years, the award recognises Jayne as a leading figure in the profession, noting the many contributions she had made to the legal community throughout her career, including first female President of Birmingham Law Society in 1999.

This year also saw two new categories introduced. Cleo Stewart of Midland Heart Ltd won the In-House Lawyer Award, while Trowers & Hamlins LLP took home the Equality, Diversity & Inclusion Award.

Stephanie Perraton, President of Birmingham Law Society, said: “This year’s awards were pertinent for Birmingham’s legal community as it was the first time since 2019 that we have been able to come together to celebrate our members’ achievements in person. This was reflected in a successful turnout for the event, which saw the legal talents of firms and individuals celebrated for all the hard work they have done.

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“The awards also provided the opportunity to reflect on the terrible events happening in Ukraine and highlight some of the projects that have been established to help, such as the Ukrainian Advice Project UK or the Ukrainian Justice Alliance. In addition, we were also able to raise money for my two chosen charities during my Birmingham Law Society presidency: Walk the Walk and SIFA Fireside.

“Birmingham Law Society also wanted to champion those who had taken great steps to make the legal profession a more inclusive industry with the new Equality, Diversity and Inclusion Award. We hope that by celebrating the achievements of firms such as Trowers & Hamlins LLP, we can encourage others to follow in their footsteps, inspiring those who may not have considered the legal profession was for them.”

This year’s awards, which raised £3370 for charity, were sponsored by 3PB Barristers, Birmingham City University, Common Purpose, Cornwall Street Barristers, Eminent Crisis Management Group Limited, Index Information Group, Landmark Information Group, Midlands Air Ambulance Charity, No5 Barristers’ Chambers, Oosha, Squire Patton Boggs, St Ives Chambers, St Philips Chambers, Frazenda and Tula Medical Experts and The University of Law. For more information, please visit www.birminghamlawsociety.co.uk

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NEWS FULL LIST OF THE 2022 LEGAL AWARDS WINNERS PRO-BONO AWARDsponsored by Midlands Air Ambulance Trevor Allsopp, Birmingham Peoples Centre TRAINEE SOLICITOR OF THE YEAR- sponsored by The University of Law Amelia Bauer, Anthony Collins Solicitors LLP SOLICITOR OF THE YEAR - sponsored by Cornwall Street Barristers Richard Port MBE, George Green LLP PARTNER OF THE YEARsponsored by Common Purpose Steve Allen, Mills & Reeve LLP APPRENTICE OF THE YEARsponsored by The Access Group Samantha Ross, Bevan Brittan LLP PARALEGAL OF THE YEARsponsored by Landmark Information Group Rebecca Chauhan, Anthony Collins Solicitors LAW FIRM OF THE YEAR – SOLE PRACTITIONERS – UP TO 5 PARTNERS- sponsored

by Index Property Information Magma Legal Services LAW FIRM OF THE YEAR NATIONALsponsored by St Phillips Chambers Bevan Brittan LLP

THANKS TO OUR SPONSORS

IN-HOUSE LAWYER AWARD- sponsored by Squire Patton Boggs Cleo Stewart, Midland Heart Ltd EQUALITY, DIVERSITY & INCLUSION AWARD- sponsored by 3PB Trowers & Hamlins LLP BARRISTER OF THE YEAR – sponsored by Birmingham City University Earl Pinnock, No5 Barristers’ Chambers LIFETIME ACHIEVEMENT AWARD- sponsored by No 5 Barristers’ Chambers Jayne Willetts, Jayne Willetts & Co Solicitors

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NEWS FORRESTERS APPOINTS NEW CHIEF EXECUTIVE OFFICER AND SUPPORTS SMES “When I first met the firm’s partners it was obvious that they were a great group of people that worked hard to achieve the best outcomes for their clients,” said Tas. “Growth and expansion have been a priority for Forresters, and it was good to see that the partners are open to change to help them achieve the results they are after. I want to help unblock bottlenecks and my door will always be open so that people can discuss any issues.”

Meanwhile the firm has partnered with TBAT Innovation to provide IP support to SMEs looking to innovate.

The Innovation Challenge, has been designed to bring together partners to provide expert guidance to growing companies in four key areas.

The Innovation Challenge will see partners deliver four free, informative workshops on the topics of: Forresters have appointed Tas Quayum as chief operating officer as part of its commitment for growth, which includes streamlining processes and increasing collaboration across each of the firm’s teams and offices.

He will be leading operational and financial management at Forresters and said he is looking forward to working with a dynamic and motivated team.

Finance - All you need to know to fund your business growth People & Recruitment - Why recruit the best people you can?

Product Design & Protection - How to design and protect your innovation

The workshops will be held throughout Spring 2022. In May applications will open for businesses to submit a full business plan and be eligible to win a £5,000 cash prize and tailored support packages from partners. Two runners up will also receive a support package from partners.

In June a showcase for the top 10 finalists will be held where the winners will be announced. Finalists will have the opportunity to present their business in a 10-minute pitch in front of key investors.

Greg Smith and Dr Jagvir Purewal, senior associate patent attorneys at Forresters, will deliver the IP aspects of the Product Design and Protection workshop. Jagvir said: “We’re proud to be partnering with TBAT Innovation for The Innovation Challenge.

IP can be difficult for SMEs to navigate as they seek to innovate and grow and we have a wealth of experience at Forresters in helping companies establish a solid IP position.

I’m looking forward to working with the innovative companies involved in the challenge.”

Business Strategy & Marketing - The importance of external help

SOCIAL HOUSING PARTNER JOINS SHAKESPEARE MARTINEAU departmental manager for the built environment team. Joanna’s expertise encompasses complex housing acquisitions and disposals, and she has a breadth of experience in larger scale projects, including stock rationalisation transactions, stock swaps and transfers.

Having led property teams in delivering projects within strict budgets and timescales, Joanna also has a keen interest in value-added services, having often been the primary interface on multi-disciplinary projects involving cross-departmental working.

Leading full service law firm Shakespeare Martineau has welcomed new partner Joanna LeeMills to head-up its social housing development team.

Joanna, who qualified in 2001, joins the firm following a career break, prior to which she worked at Anthony Collins Solicitors in Birmingham as 8

Joanna said: “I am delighted to be joining Shakespeare Martineau and extremely excited to be part of its vision, particularly at a time when the legal sector is having to adapt strategically and intuitively to the ever-changing landscapes perpetuated by the pandemic and its resulting challenges.”

Joanna will be primarily based at the firm’s Birmingham hub but will be working with clients nationally. As part

of her role, Joanna will be drawing from her experience acting for private developers, corporate occupiers, and the public and third sectors to provide advice and support to registered provider clients on the broad spectrum of real estate issues that are often a necessary part of the landscape relating to the acquisition, sale and development of housing stock.

She said: “I am passionate about lasting relationships and delivering excellence while remaining true to our clients’ and the firm’s values. Every client deserves a truly enhanced experience where they can expect service standards to be tailored to their individual needs and ways of operating.

Joanna’s appointment is the latest in a string of new partner hires as part of the firm’s growth strategy, broadening its footprint both north and south. The firm is proactively seeking talented people to join the firm on its growth journey, including mergers, team recruitment and lateral hires nationally.”

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NEWS ANTHONY COLLINS SOLICITORS APPOINTED TO PLATFORM HOUSING GROUP LEGAL SERVICES FRAMEWORK GATELEY ANNOUNCES ACQUISITION OF ADAMSON JONES Working alongside Gateley Legal’s intellectual property, commercial and technical lawyers and the R&D tax consultants within Gateley Capitus Adamson Jones complements the Group’s existing services in IP and technology, brand and reputation management, media and privacy and is the eleventh business Gateley has acquired since its IPO in June 2015 and is the Group’s first Business Services Platform acquisition.

Business Services is one of Gateley’s four Platforms, the others being Corporate, People, and Property.

These are market-facing structures on which the Group clusters complementary legal, and consultancy services. The Business Services Platform supports clients in dealing with their commercial agreements, managing risk, protecting assets, and resolving disputes.

It also includes the Group’s multijurisdictional forensics and business intelligence services, through Gateley Omega. Adamson Jones complements the Group’s existing legal services in IP and technology, brand and reputation management, media, and privacy.

Birmingham-based law firm Anthony Collins Solicitors (ACS) has been appointed to the Platform Housing Group legal services framework: property, housing management, and corporate and finance. The contract, commencing in January 2022, will run for a period of four years.

Platform Housing Group – which owns 46,000 homes in total – completed 1,448 homes in 2019/20 (1,598 in 2018/19) at an investment of £258m (£228m in 2018/19). The Group also built more social rented homes – at a figure of 981 – during the past 2 years in England than any other provider, 523 in 2019/20, almost 33% of the total homes built.

Throughout the duration of its contract with the Group, ACS will provide legal counsel and support on areas such as social housing finance, corporate and governance, dispute, construction and commercial contracts.

Specialist ACS legal teams will be led by Jonathan Cox, housing partner at the social purpose law firm.

Jonathan has over 25 years' experience in the sector and has worked on a number of landmark social housing projects, enabling the delivery of sustainable and affordable housing.

Nathan Barson, procurement director at Platform Housing Group said: “It is great to see our new Category Management function using the tools and techniques to deliver such high quality work; not only have we successfully mapped our complex requirements

but we have managed to secure commercially robust agreements with some of the country's leading law firms.

“We have added value, successfully matched our ambitions to the leading players in the market and ensured we have the partnerships in place for a truly modern housing association.”

Jonathan Cox, partner at ACS, commented: “We are proud to have been appointed to the Platform Housing Group legal services framework and look forward to working closely with the association and other law firms appointed to this panel.”

PROMOTION FOR IZZY CANNING TO ASSOCIATE SOLICITOR AT AVERTA Solihull based Averta Employment Lawyers has promoted Izzy Canning to Associate.

Canning joined the firm in 2016 and qualified in 2020.

Averta is an award winning, boutique employment law firm which was founded by ex DLA Piper partners Alan Jones and David Sykes.

Senior partner, Alan Jones, commented on Canning’s promotion saying: “Izzy is an extremely capable employment lawyer and a key part of our team. She is now ready to take the next step in her career and take on more responsibility as an Associate.”

Canning added: “Working alongside experienced lawyers such as David and Alan has given me enormous knowledge, not only of the legal issues involved, but also how to deal with people facing career change, redundancy or discrimination.It is rewarding to be able to add to the life skills I acquired in previous work situations’ ’ Canning had previously worked in academic publishing before switching careers and she completed the LPC part time at BPP University in 2018. In her free time Canning is keen to do voluntary work, and has worked with the Samaritans and the Personal Support Unit at the Birmingham Civil Courts.

Averta Employment Lawyers specialises in giving advice to senior executives and professionals across both the private and public sectors. The firm has particular expertise in negotiating exit strategies for senior executives and also provides strategic employment law advice to companies.

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NEWS LAW FIRM PARTNER LEADS DRIVE FOR MIDLANDS GROWTH

The firm was originally founded by serial entrepreneur and Managing Partner, Pragnesh Modhwadia, in Edgware London. Over the past 12 months, the firm has seen massive growth with a series of acquisitions, the most notable being in June 2021 with the merger between Axiom Stone and the Mayfair firm DWFM Beckman, creating the current brand Axiom DWFM. Since then, further acquisitions have occurred along the south coast making the firm one of fastest-growing fullservice law firms in the UK. It currently turns over £25m per annum and has a strategic target to increase its turnover to £100m by 2025.

To facilitate this growth strategy the firm is acquiring leading Partners with a proven track record for managing disruptive growth strategies both in the areas of business development, merger and talent acquisition.

Pragnesh Modhwadia says: “I have ambitious plans for Axiom DWFM both nationally and regionally and the appointment of Guy Barnett to develop the Midlands Region will be key to these plans as he brings a wealth of practical and entrepreneurial experience to the role gained from over 30 years in the profession.”

Axiom DWFM prides itself on excellence and being able to provide the right lawyers giving best advice to its broad range of clients. It operates internationally through membership of international network IPG providing access to lawyers, accountants and tax advisers across the world.

Former leading Managing Partner Guy Barnett has returned to Birmingham and private practice after an 8-year absence from the region to spearhead the growth of Axiom DWFM’s Midlands Operation. As well as business growth in Birmingham, the firm are looking to make further acquisitions in the East and West Midlands.

Guy Barnett says: “I am excited to join Axiom DWFM and lead their growth strategy in the Midlands Region.

Birmingham was the place I began in practice hence returning to the city is a real homecoming for me.

Although much has changed there are still many familiar faces in the Birmingham Legal Community that I have been pleased to reconnect with.

“One of my first actions in role was to join Axiom DWFM as corporate members of Birmingham Law Society. I will be encouraging all our staff members to fully engage in BLS activity throughout the year as after 2 years of remote working it forms an ideal base for the members to reconnect with their fellow professionals”

The firm provides an excellent career path for its employees as well as being a caring and enjoyable place to work. Having a diverse and inclusive workplace plays a valuable part in this. The firm embraces an effective inclusion and diversity strategy which goes beyond legal compliance and adds value to the fabric of the firm, contributing to employee well-being and engagement as well as its interaction with clients and other professionals.

The Birmingham office is the hub for its Midlands growth strategy. By 2025 the objective is to have a regional operation straddling both the East and West Midlands that turns over £30m. Merger will be key to this plan and the firm is actively looking for firms who share the same outlook and culture to facilitate this growth.

Birmingham Partner, Suki Chhokar, adds: “Promoting and supporting diversity in the workplace is an important aspect of good people management - it’s about valuing everyone in the organisation as an individual. However, to reap the benefits of a diverse workforce it’s vital to have an inclusive environment where everyone feels able to participate and achieve their potential”

DELAY TO SQE2 EXAMS The SRA has announced that it will not be able to allow candidates who sit and successfully pass SQE1 assessments in July 2022 to be able to progress onto the SQE2 sitting taking place in October 2022.

The reason it has given is that the booking window for the SQE2 assessments will have closed before the publication of SQE1 results and Students are not allowed to book their SQE2 assessments until they have confirmed SQE1 pass results.

This is something that we have been requesting clarification about for some time, and we understand that many students are disappointed with the delay following this announcement.

This means that for all candidates sitting SQE1 in July 2022 the earliest SQE2 sitting will now be April 2023.

We have also been informed that this will be the case for this year only and that in subsequent years that it is the SRA’s intention to enable students to be able to progress onto the next available SQE2 sitting having successfully passed SQE1.

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NEWS IRWIN MITCHELL NEW SPONSOR OF WHEELCHAIR FOOTBALL ASSOCIATION

clubs in our communities, including Leeds Powerchair FC and the North East and Yorkshire Disability FC. Furthermore, it’s great to see people with disabilities and their families accessing and enjoying sport through powerchair football, and we’re thrilled to be able to be a part of this as the organisation continues to promote it and down the country.”

National law firm Irwin Mitchell has announced it is joining forces with the Wheelchair Football Association (the WFA) in a new partnership.

The legal experts are sponsoring the WFA National Players Development Programme (NPDP), which aims to provide opportunities for people with a physical impairment to access powerchair football in England.

The NPDP is the first of its kind in powerchair football, and the team at

Irwin Mitchell are keen to support the initiative.

Sarah Coles, Partner and specialist lawyer at Irwin Mitchell, said: “This new programme developed by the WFA is a fantastic way of helping those who play powerchair football to develop and enhance their skill sets.

“It’s fantastic to see this development on the back of our well-established commitment to local disability sports

Adam McEvoy, national development manager at the WFA, said: “We’re delighted to have Irwin Mitchell on board as we establish our new development programme.

At the WFA, we strive to promote, govern and develop powerchair football across England, but this has been affected by the pandemic, undoubtedly also having an effect on the skills of those involved.

“Our NPDP will therefore offer players and coaches a tool to help them improve and will become an integral part of our campaign to raise the profile of coaching and player development. We hope it will also help us expand our promotion of powerchair football around the world.

In the meantime, we’re excited to see what the future holds for the WFA with Irwin Mitchell on board.”

HOME TO THE AUTHENTIC GAÚCHO EXPERIENCE

Located on the prestigious Colmore Row, Fazenda Rodizio Bar & Grill Birmingham is part of the flourishing restaurant scene in the heart of the financial district. Fazenda offers all the tradition behind the unique rodizio way of serving.

MEMBER’S EVENTS Achieving Change Together: Social Mobility Roundtable 5th April, 4pm – 5.30pm, Squire Patton Boggs (UK) LLP Networking Social for Lawyers 6th April, 6pm – 8pm, 3PB Barristers

Across the planes of the Pampas, herds of cattle graze vast pastures providing Fazenda's South American native lands - Argentina and Brazil with the finest meats.

An Introduction to Trauma for Professionals Working in a Custody Context 25th April, 1pm – 5pm, Online via Zoom Legal Awards Winner’s Dinner 26th April, 6pm – 9pm, Fazenda Networking Social for Lawyers 5th May, 6pm -8pm, Cornwall Street Barristers Meet The Family Law Committee 10th May, 5.30pm – 6.30pm with drinks after, No 5 Chambers BLS Quiz 11th May, 6pm – 9pm, Revolución de Cuba Birmingham REACH Cinematic Event 12th May, 5.30pm – 9.30pm, MAC Birmingham Wellbeing Conference 17th May, 12pm – 3pm, Virtual Lunch Club with Jude Jennison 20th May, 12pm – 2pm, Chung Ying Cantonese To reserve your place and find out more, make sure that you visit www.birminghamlawsociety.co.uk

Indulge in continuous table-side service of premium quality grilled meats, using a double-sided card to control the flow at your own pace. The green side signals the passadores (meat chefs) to bring out skewers of freshly prepared meats one by one, while the red side indicates a resting point. The meats are usually served medium-rare to medium, though you are welcome to request the cooking point to your preferred taste.

A sumptuous selection of Argentinian and Brazilian hot side dishes are served directly at your table upon request to complement your meats, while Fazenda's brand-new Market Table boasts an array of charcuterie and continental cheeses, seafood, fresh salads and vegetables to be enjoyed throughout your experience.

Fazenda Birmingham also offers the ultimate private dining experience. Set in the original vaults with exposed brick interiors, their private dining rooms emanate style and sophistication. Accommodating 14 and 16 guests, each room allows for an immersive and intimate meal.

For larger group dining, guests can reserve the large private dining & events space, which can accommodate up to 70 guests. From cocktails and canapés in the stunning bar to the full Fazenda rodizio experience, Fazenda Birmingham offers perfect surroundings for any occasion.

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NEWS A RECORD WAVE OF INTERNATIONAL STUDENTS TO STUDY LAW IN THE UK with statistics showing a 4% rise in applicants in 2021 compared to 2020. Courses such as law, nursing, computing and teaching were increasing in popularity due to their obvious career paths, she said*.

Non-EU students replacing EU students It has been reported that the UK’s university sector has recovered strongly following the outbreak of the Covid-19 pandemic, with the number of incoming non-EU students currently 38% higher than pre-pandemic levels**.

UK universities have attracted a record number of non-EU students applying to study both law-only and combination courses in the last year, a freedom of information request has revealed.

The number of non-EU students applying to study law – including criminal, land and family law – at UK universities has increased by 238% over the last decade. The number of overseas applicants for combination law courses, such as social studies with law or law with business, also rose sharply – by 133%.

The data, sourced from UCAS and collated by London criminal defence solicitors Lawtons, details the number of applicants to study all law courses at UK universities.

Law courses made up 9% of all applications in 2021, with almost 1 in 10 applicants applying for law-related courses, whether single or combined.

Clare Marchant, chief executive of UCAS, told BBC Radio 4’s Today programme that competition for university places is growing,

EU student numbers have, meanwhile, dropped. Applications to study all law courses from EU students have plummeted by a staggering 40% over the course year, falling from 22,255 in 2020 to 13,145 in 2021.

Female law students continue to outnumber male applicants with UCAS data showing that over twothirds of all law course applicants this academic year are female, highlighting a 12% increase across all law-related courses. This number has been steadily increasing for years, now reaching the stage where just 31% (48,065) of law course applicants in 2021 were men, while 69% (107,085) were women.

resources to higher-value matters and managing foreign currency impacts on invoicing.

Importantly, firms can also benefit from having the right compliance and fraud mitigation controls in place to deliver operational efficiencies, helping protect firms and clients against fraudsters and compliance with complex cross border payments regulations. As firms look ahead to future proof their IP operations, streamlined Invoicing Workflow needs to be part of the conversation.

CAN STREAMLINED INVOICING WORKFLOW HELP FUTURE PROOF FIRMS? As the world emerges out of the COVID-19 pandemic economy, the opportunity for IP firms to help future proof their operations through streamlined Invoicing Workflow is here.

Firms need to be focusing on scaling up to address the global growth in IP applications and ecommerce disruption of traditional markets, as clients accelerate the launch of new solutions requiring IP protection.

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Clients are learning how to transform their own workflow and will expect their professional partners to do the same. Working with the right Legal Payments specialist to deliver a seamless switch to streamlined Invoicing Workflow can help IP firms achieve a demonstrable Return on Investment, including cost savings through significantly reduced manual processes and complex reconciliations, redirecting

Click on the below link to learn more about how streamlined Invoicing Workflow can help future proof firms.

This document is written and shared with us by Western Union Business Solutions, please contact them on UK-Payments@westernunion.com for any questions or comments.

birminghamlawsociety.co.uk

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NEWS game is embedded in the UK’s culture.

In many instances, apportioning blame is part of a person’s catharsis when filing.

Amanda Phillips-Wylds, Managing Partner at Stowe Family Law, says: “The number of individuals scrambling to enquire about divorce while still in time to cite the fault-based grounds of divorce has been surprising.

This perhaps points towards a lack of understanding as to what no-fault divorce means. A recent survey we conducted at Stowe revealed that 43% of Brits erroneously believed that being able to prove the other party was at fault for the marital breakdown would favourably impact their financial settlement and custody over any children.

SURPRISING SURGE IN DIVORCE APPLICATIONS WHILE DRACONIAN LAWS STILL IN PLACE Couples have until this Thursday, 31 March, to file for divorce under the current law, after which applications will be closed until no-fault divorce comes into effect on 6 April.

Stowe Family Law – the UK’s largest family law firm – has seen a surge of individuals enquiring about filing for divorce while the UK’s archaic divorce laws are still in place. Currently, upon filing for divorce, one must cite the grounds on which to apply – these are adultery, unreasonable behaviour, living apart for two years (with agreement), living apart for five years (without agreement) and desertion.

When going through the divorce

process, this means that blame must be attributed to the other party in order for an application to be granted.

On 6 April, this will all change. The UK’s draconian divorce law system will be overturned by one that puts an end to the so-called ‘blame game’.

Couples will no longer have to provide a reason for getting divorced. Instead, applications will be automatically granted.

The surge in enquiries of people wanting to divorce under the current measures, rather than waiting for no-fault divorce to come into effect, demonstrates how deeply the blame

We are therefore finding that people are enquiring about divorcing while they can still apportion blame to their spouse with the assumption that they will get more out of the divorce.

But the reality is that blame in a divorce achieves very little. In actual fact, taking away the blame is what will help people focus on the important issues and has no impact on the financial or child settlements.

As lawyers, encourage the nation to embrace these new laws. Not only will they be beneficial from a practical standpoint, making the divorce process swifter and easier, but also from a mental health perspective, as the new laws are designed to help reduce the emotionally traumatic process of going through a divorce.”

WHAT DOES AUTISM ACCEPTANCE MEAN FOR FAMILY LAW? It is vital for the Family Courts and everyone who is involved in the process to adapt and make reasonable adjustments in order to meet the needs of an autistic person. In this peice, Emma Hubbard, Associate Solicitor at Irwin Mitchell, focuses on the needs of autistic children in particular.

“my child is autistic”. I don’t make a secret of it and there is nothing to be secretive about. It’s part of him and is something that should be accepted and celebrated for making him who he is. To accept, we have to accept that autistic people process the world around them in their own way.

Acceptance is key, and it begins in wider society. There needs to be a de-stigmatisation of autism.

Autism isn’t “wrong”, nor is it a health condition. Autism is part of a person.

I receive looks of horror when I say

Autism is experienced differently by each child. They may be non-verbal, they may have limited communication skills, they may lack eye contact, they might mask worries and anxieties and appear fine on the surface whilst

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Where an autistic child is involved in Family Court proceedings, the court needs to be informed from the outset. Every decision and instruction made needs to consider and allow reasonable adjustments for the child.

We know that every child is different and no mould fits all, but with autistic children this is even more profound.

drowning underneath, they might view the world in black and white and have a literal approach to everything.

What is certain is that no child is “more autistic” than the other.

In a case where the Children and Family Court Advisory and Support Service (CAFCASS), social workers or other experts are instructed to complete a report, we need to think about how we make it work for the child. Does the child struggle interacting with strangers? Will they need several face to face meetings before feeling comfortable enough to interact?

Some autistic children might not even communicate at all to begin with. My autistic child wouldn’t engage with a stranger on first meeting, but would happily tell them everything they needed to know about his current topic of interest. You have to allow birminghamlawsociety.co.uk

NEWS NEW FAMILY PARTNER FOR CLARKE WILLMOTT in the 2021 and 2022 editions of the other leading independent directory, Chambers and Partners.

Adam specialises in advising on the complex financial issues arising out of divorce and relationship breakdown being regularly instructed in cases which involve significant wealth.

Adam has considerable experience advising clients in cases which involve businesses, trusts, pension arrangements and arguments relating to nuptial agreements, third party interests in land, and pre-marital and inherited assets.

In addition, Adam is often instructed to deal with high conflict private law children matters involving elements of domestic violence and relocation issues. He also has niche experience of private adoption proceedings.

National law firm Clarke Willmott LLP has added a new partner to its family team in Birmingham.

Clarke Willmott continues to expand its national family law team with the addition of Adam Maguire as partner in the Birmingham Office. Adam joins Clarke Willmott from national law firm Shoosmiths where he latterly headed their Birmingham Family team.

Adam has been recommended in the leading independent industry directory, the Legal 500, since 2017 being recommended as a "Rising Star" in the 2021 and 2022 editions. He was also recognised as an “Associate to Watch”

time; time to adjust; time to assess and time to build a relationship.

The expert needs to know how the child will communicate; will they speak? Use a computer? Can they complete a written exercise? Do they need their crutch i.e. a teddy, a fidget toy? There also needs to be consideration of where meetings will take place, will they need someone that they are comfortable with in the meeting? Does it need to be somewhere familiar to the child? Does the child have a particular fear that needs to be addressed when going into new environments i.e. fear of loud noises, sensitivity to light. My child can tell you where every fire alarm, fire bell and fire exit is in his school, take him to a new environment and this would be his first concern. There needs to be awareness that issues such as lack of eye contact doesn’t mean that the child isn’t listening or doesn’t understand. They will be processing in their own way.

Rayner Grice, partner and head of the Birmingham family team at Clarke Willmott, said: “Adam is highly commended for his technical ability and expertise as well as being the Vice Chair of Resolution West Midlands.

I have admired Adam’s approach to resolving matters sensibly and pragmatically for a number of years.

“Adam’s tenacity and reputation as a no-nonsense practitioner who takes a smart and strategic approach to cases as well as delivering excellent client service is well suited to the ethos of our team. We are delighted that he has agreed to join us and he will be greatly beneficial to our busy team.”

There has to be acceptance that some autistic children can be prone to tantrums or outbursts, noises, stimming (such as arm or hand-flapping, rocking or other body movements), or lack of eye contact. These aren’t a sign of bad parenting or that a child isn’t listening. They are signs of coping or lack of coping and of self-regulation.

If these behaviours exhibit during a meeting, how do you address it? If a parent spends time with a child and the child returns to the other parent and exhibits these behaviours, then is the child coping and do steps need to be taken to address the cause?

Ignoring and simply saying they will cope is not an option.

Change can be one of the biggest hurdles for autistic people. How can this be managed in a child? They will possibly already be coping with major life changes such a parental separation, move of home, even move of school and if further changes

LEGAL COMMENT ON THE SUE GRAY FINDINGS Gerry Bermingham, Barrister at No5 Barristers’ Chambers and member of Birmingham Law Society, comments on the impact of Sue Gray’s findings on those who have already received penalties as a result of breaking restrictions: “The important question is what is the Law and what has a person done? In the case of COVID, there were rules laid down which were meant to be obeyed by everyone and these were approved by Parliament. There were penalties attached which applied to all and so the question is, has that person breached the rules?

“Boris Johnson is a citizen like anyone else and the rules apply to him equally.

It will be for the Courts and others to determine who has broken the rules and, if so, what penalties will be imposed.

“Penalties already imposed can only be removed by a general amnesty, no matter the findings from today’s report.

The rule of law applies to everyone equally.”

are to be introduced then how can these be managed in a way that causes as little distress as possible. It might take longer than the “norm” for arrangements to embed. It might require a very gradual build so that the child can adjust and in all cases it will require patience from both parents.

In a Family Court system that is already under pressure and with stretched resources, the concepts of taking time and building relationships are not always a luxury that can be afforded. For autistic children they are unavoidable and have to be respected to secure an outcome that is in the best interests of the child. Alternative approaches to court proceedings should always be considered, such as arbitration, family therapy, and child inclusive mediation.

These alternatives can provide more time and space to take an autistic child’s needs into account and shape a process which works for them.

@birminghamlawsociety

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NEWS

LEGAL TECH COMMITTEE- HIGHLIGH

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birminghamlawsociety.co.uk

HTS OF 2021

@birminghamlawsociety

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REGULATION REPORT

THE SRA & WORKPLACE CULTURE – DOES YOUR FIRM MEASURE UP? The SRA has been under pressure for some time to expand on the subject of workplace environments and the pandemic has further increased the focus on good and bad supervision. In this article, Jayne Willetts Solicitor Advocate and Bronwen Still Solicitor Consultant both of Jayne Willetts & Co Solicitors Limited look at the latest publications from the SRA. THE BACKGROUND The SRA Code of Conduct for Firms begins with an aspirational statement in the introduction which says that its standards and business controls “aim to create and maintain the right culture and environment for the delivery of competent and ethical legal services to clients”. Firms cannot, however, be disciplined for failing to demonstrate that they have the right culture and environment: this has to be evidenced by breaches of the mandatory SRA Standards.

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Other problems relating to this statement centred around; what exactly does it mean by “the right culture and environment”?

At the SRA’s COLP COFA conference last November, there were indications that the SRA was about to address this issue of workplace culture in firms.

There was talk of a new rule requiring managers and employees to treat each other with respect. The debate over this whole issue had been rumbling for some time following various high-profile cases involving junior solicitors who misled clients about the conduct of their cases and were struck off. Evidence seen by the Tribunal as to why this had happened revealed poor supervision, bullying, relentless pressure to meet billing targets and what were described as “toxic workplaces”. The inevitable question was: why were the firms concerned seemingly allowed to get away with it?

NEW SRA PUBLICATIONS On 7th February, we saw the SRA’s initial response to this problem in the form of a series of linked publications.

The first is guidance titled “Workplace environment: risks of failing to protect and support colleagues”.

The second is a series of case studies which give some indication of the circumstances in which the SRA is likely to take action and how it approaches dealing with complaints concerning workplace culture.

The third, which underpins the other two, sets out the results of an SRA “Workplace Culture Thematic Review”. This review draws evidence from several sources, notably LawCare’s “Life in the Law”, which was a major study which analysed responses from over 1700 individuals about their experiences of workplace culture. It sets out examples of good and bad behaviour and is intended to help firms reflect on their own culture and to identify strategies that they could put in place to make improvements.

Overall, these publications try to give firms a clear idea of what is not acceptable and might trigger SRA disciplinary action, and the converse: the behaviours that would enable birminghamlawsociety.co.uk

them to meet the SRA’s expectations by building healthy workplaces where employees can thrive and the risk of mistakes is reduced.

THE GUIDANCE The guidance, therefore, aims to provide the link between aspiration and regulatory bite. It makes clear that it is targeted at managers and those within “senior leadership” in firms and other organisations delivering legal services. It also encourages individuals to report to the SRA issues of bullying, harassment, discrimination, and victimisation in the workplace.

It starts, however, with a broad statement about the behaviours which it says will help ensure compliance with the rules.

These are : • having effective systems and controls to supervise staff, and monitor concerns which may affect their wellbeing and competence • providing a safe environment for employees to raise concerns and addressing them promptly and in a constructive manner. Firms should also be aware that poor performance by an individual could be a warning sign that an individual is working under stress or duress • treating staff with dignity and respect to create an ethical workplace and engaged employees that create a better client experience • having in place and implementing policies on bullying, harassment, discrimination, and victimisation as well as disciplinary procedures for breach of those policies.

These are not new and are steps that LawCare and others have been advising firms to take for the simple reason that staff perform better and more effectively if they feel confident and supported in their work environment. This leads to fewer mistakes and greater openness about problems.

However, in what way does this link to the mandatory SRA Standards? The guidance highlights the following: • Paragraph 2 of the Code and the need to have effective governance structures, arrangements, systems, and controls. This includes monitoring and managing risks to the business.

• Paragraph 4 and the need to demonstrate competence and effective supervision. Managers and employees are required to

be “competent” to carry out their roles. The SRA guidance addresses this to an extent. It says that “at the very least, firms have in place arrangements to regularly monitor and assess employees' workloads and capacity as well as their competence to do the work”.

• Principle 6 and the need to act in a way that encourages equality, diversity, and inclusion. The guidance ties this to issues such as treating employees fairly and with dignity and notes that this includes creating an environment that is “inclusive and free from discrimination, bullying, harassment or victimisation”. It makes clear that part of this is that employees are confident that complaints of discrimination, bullying, harassment and victimisation will be dealt with by firms promptly, fairly, openly, and effectively.

Situations in which the SRA is likely to take action are: • a pattern of abuse of authority by senior staff that has been left unchecked by the firm • a complaint of discrimination, victimisation or harassment not dealt with by the firm in a prompt and fair manner • complaints of bullying raised with the firm over a period of time involving a number of staff and inadequate action taken by the firm as a result; or evidence that the incidents had not been brought to light sooner because of the firm's culture and/or inadequate reporting and disciplinary procedures • a firm pressurising staff to withdraw their complaints • ineffective systems and controls, including failure to supervise or support staff leading to serious competence or performance issues or delivery failures • the imposition of wholly unreasonable workloads or targets.

Some of these situations are expanded in the case studies publication.

THE CASE STUDIES There are three which set out actual situations in which the SRA has been asked to investigate. Two led to no further action and a third to a regulatory settlement. The third found a breach of Paragraph 4 of the Code - failure to support and supervise staff.

In particular, a newly qualified solicitor was found to have been given an overwhelming number of cases

which were beyond his expertise.

This had given rise to a number of serious complaints from clients about missed limitation periods, failure to attend court hearings and failure to give client care letters and costs information.

WHAT CONCLUSION SHOULD FIRMS DRAW FROM THIS? To a certain extent, it is possible to conclude that nothing has changed in that no new rules have been introduced at present. What is clear, however, is that the SRA will look more closely at how firms treat their staff in terms of supervision, workloads, and support generally. Apparent failings in this regard will be looked at in terms of a firm’s policies, systems and procedures, its overall management – particularly at the higher levels – and the actual supervisory arrangements that are in place.

One of the many difficulties in looking at working environments, however, is highlighted in one of the SRA’s case studies. That is the subjective nature of complaints concerning behaviours.

How one person perceives bullying or discrimination may vary from that of others. Some people can cope with stressful situations better than others and working in a law firm is always going to carry a certain level of stress. For the SRA, this is going to be a difficult line to tread and it will be interesting to see the extent to which the new publications alter firm behaviour or increase complaints.

A further issue is that there will be considerable overlap with employment law. Does the SRA have the human resources expertise and knowledge to deal with the complaints which will inevitably arise from this guidance? Will the SRA be relied upon by dissatisfied employees to provide a second “bite at the cherry” for those whose complaints have already been dismissed by the firm? The consequences of this guidance do not appear to have been fully thought through and are likely to result in unavoidable clashes between firms and their employees if the SRA insists upon intervening in what are essentially personnel matters.

On a final note, the LSB is currently undertaking a significant piece of work to try and identify more clearly what “competence” should look like in relation to lawyers’ different roles as managers, supervisors, and employees. It wants to see more clarity about outcomes for lawyers to ensure competence. Expect more on this in due course.

@birminghamlawsociety

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LIVING FROM COSY TO COMMUTE? ACROSS THE UK WE ARE SEEING DIFFERENT VARIATIONS OF THE ATTEMPT TO GET BACK INTO THE OFFICE.

life saver and take away a lot of the pressure. If you are worried about how to get back into the swing of things ASK a colleague for a coffee beforehand near your place of work.

Maybe you don’t want to speak in a meeting but do want to feel present, ASK a question instead or compliment someone’s idea.

If you aren’t sure of guidelines or the boundaries of your working arrangements, or indeed if you are not happy with them, ASK to speak with your line manager.

If you have a team member you want to support better, ASK them what they need from you and their colleagues?

4. Be the Victor not the Victim

Wherever you are you will be exhausted by the whole thing and whether you want to burn your face masks and get cosy on the commute or forever stick to the safety of your dining room you are not alone. It is important that we notice the different emotions for everyone. For some, the anonymity of being behind a screen has been liberating. Minorites especially have been able to shed the tiring microaggressions and bias they faced daily before the pandemic and have avoided the attention they may have received in the wake of Black Lives Matter developments, Brexit, gender identity and #Metoo discussions in the media writes Rebecca Mander.

Many of us will have experienced a drop in confidence, much in the same way that we do after long term leave following birth, bereavement or illness.

We are stepping into the unknown, a new chapter of a book that continued whilst we were gone and we are not sure how the characters or the storyline will affect us. Here are 5 top tips for those of you struggling with the office return.

1. Notice your story Are you focusing on our fear of another variant without considering 20

the human need for connection?

Are you recognising that although it is nice not to have to make small talk as a newbie, you will learn more from your peers if we are working alongside them? Are we sure we are more efficient at home? Maybe we get side-tracked and the office will help us focus even better, we overhear conversations that bring added dimensions and further efficiency perhaps. Balanced thinking is key as we look to the future.

2. Stick with the facts….What do you know for sure?

If you know for sure you are worried, I recommend CPR (Catastrophisation Prevention Rule!!)

• Notice the thought and where it “sits” in your body.

• Accept that it is there and notice the feelings it elicits, maybe a physical reaction.

• Notice all the other thoughts that are associated with the thought and ask yourself if they are 100% correct. If they are not, then let them go keeping the original thought where it is without the ripple effect.

If you’d like to listen to a short example of this please click the link here 3. If in doubt ASK

When we are not happy about a situation, it is easy to complain to whomever is happy to listen, but that gets us nowhere. When we are complaining about external factors, people, events etc that are influencing our situation, we are powerless…the victim. However, there is always a choice -a way we can improve our situation, even if we may need to get inventive. Look at the obstacle and see what you need to do to circumnavigate it. Then you are in your centre of control and not dependent upon the actions of others to feel better about your situation. In this way you are no longer powerless and move from the victim to victor space.

5. Use your PAL When times are tough, we notice all the things that prove our negative thoughts right, and quite often this leads to low self-esteem and confidence. Keeping a daily log of your achievements means that you will become more self-aware and resilient because you are building a more balanced view of yourself. For your FREE download, click here.

As I work across various firms I see undoubtedly the need to get back into the office, to share creativity, challenges and workload. Our Bounce Forward Programme is helping people feel more confident and reduce negative thoughts. If you would like to know more about how we can support your office, please get in touch…I love any excuse to share a coffee and learn about the legal profession and the wonderful people within it!

If you feel you need to have all of the answers, a colleague can be a birminghamlawsociety.co.uk

LIVING THE PLAY THAT GOES WRONG CRASHES INTO THE ALEXANDRA THEATRE If you haven’t seen the Olivier Awardwinning box office hit, The Play That Goes Wrong, then make sure you catch it as it stops of on tour at Birmingham’s New Alexandra Theatre from the 16th May. The play features the (fictional) Cornley Drama Society who are putting on a 1920s murder mystery, but as the title suggests, everything that can go wrong… does! As the accident prone thesps battle against all the odds to reach their final curtain call, hilarious results ensue! It is genuinely, side splittingly funny – and couldn’t we all do with a good laugh right now?

Tickets at atgtickets.com/birmingham

RETURN OF BIRMINGHAM WINE WEEKEND THIS APRIL

SUPPORT NEEDED FOR AIDS & HIV MEMORIAL Back for the first time in two years, Birmingham Wine Weekend (BWW) is gearing up to take over the city again this April. In a bid to make up for lost time, the festival is returning with more venues, days, and wines than ever before; and even features a brand new app, to make this reallife event doubly immersive.

BWW will be running for a full week in 2022 from 4 to 10 April, meaning participants are set to enjoy extended access to exclusive festival wines, events and offers.

Festival-goers can purchase their £10 e-ticket from today, giving them access to each venue’s festival wines. Venues will all present two of the following: a specially selected wine for £5 per glass; or a wine and canapé pairing for £7. What’s more, a selection of hand picked venues will offer premium wine flights, taking the wine discovery journey to new heights. Added to this, the Birmingham Wine Weekend experience will include a curated line-up of special events, and dining options exclusively for festival-goers.

In a festival first, this year e-tickets will grant access to the brand-new BWW App, which is where each festival-goer will find their Wine Pass: a personalised digital wine passport for the week. The Wine Pass is the key to unlocking the festival.

This year the line up features close to 30 hand-picked venues– the most in the festival’s history – giving both those who know a little about wine and those that know a lot the opportunity to discover the city one glass at a time, via Birmingham’s best venues.

BWW begins on Monday 4 April and will run through until the last venues close on Sunday 10 April. Wine Passes will be valid for the entire week, enabling attendees to dip in and out of the festival as they please or take advantage of the entire seven days.

Tickets are now on sale and can be purchased via the Birmingham Wine Weekend website: birminghamwineweekend.co.uk

Following the announcement of the Birmingham AIDS & HIV Memorial (BAHM) last year, the project is now in search for businesses and individuals across the region to help raise funds for the completion of the memorial.

With the help and generosity of those across Birmingham and beyond, the team behind the memorial hope that they can reach their target of £218,000.

The memorial itself will be part of the newly developed Hippodrome Square. Fabricated by local known talented sculptor Luke Perry, it will be made of weathering steel, with heartshaped red ribbons representing two figures entwined, as if embracing and supporting each other.

The ribbons represent the dual entities of HIV and AIDS: the past and the future and symbolises remembrance of those we have lost to AIDS, whilst simultaneously celebrating those who are now able to live with HIV today.

The monument will also serve as a reminder of the work that still needs to be done to educate; helping end both stigma and discrimination.

To get involved further, or to pledge visit the website at: www.bahm.co.uk

@birminghamlawsociety

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OPINION HOW TO CARRY OUT EFFECTIVE ESG DUE DILIGENCE the longer-term value of the company as judged by a range of factors, all of which speak to sustainability.

This creates an integrated agenda, with a cross-disciplinary approach.

So, for example, narrower concerns of a company’s historic record in waste management now include much wider ranging questions of product stewardship. Across many legal disciplines, we see a widening of the agenda so that contract lawyers engage with supply chain policing, environmental lawyers with climate change resilience, employment lawyers with whistle-blowing policies and so on.

A core principal of common law is caveat emptor, and as Lord Atkin, Bell v Lever Bros (1932) stated “Ordinarily the failure to disclose a material fact which might influence the mind of a prudent contractor does not give the right to avoid the contract.” The idea behind this rule is to deliberately put the buyer ‘on guard’ and induce them to make appropriate enquiries into the worthwhile nature of the transaction writes Professor Robert Lee, Landmark Information Group.

If a vendor can stay entirely silent during the course of a transaction, however bad the bargain, there is no legal recourse against that vendor.

From the purchaser’s point of view, this creates an imperative to uncover any sort of information, through preliminary enquiries, to begin the process of due diligence.

Due diligence aims to isolate areas of concern and to put these to the vendor, so they are induced to make representations in the course of negotiations. Many lawyers have experience of delving through hundreds of documents that put into disclosure, which eats up a great deal of time and human resource; but this is undergoing rapid change both in process and content.

assets but also its liabilities. The due diligence process was therefore driven by a desire to avoid that liability risk.

Financial and reputational risk have overtaken, to some degree, the historic emphasis on liability risk – and due diligence has become much wider ranging in its scope. For example, as firms grapple with their understanding of ESG and managing climate change adaptation and mitigation, financial risk goes beyond the current financial worth of the company and entails far more holistic questions concerning the future capacity of the company to attract investment.

Similarly, with reputational risk, in the past this may have attached to liability risks, but now, it goes much further. In acquiring a company, worries attach to ESG considerations such as the impact on the reputation and share value of the group of companies if it transpires, post-completion, that the acquired company is the subject of a major scandal in relation to, e.g., bribery or corruption. So we see a change of emphasis in due diligence, centring on the three Vs: of Verification, Value and the Vagaries of unforeseen elements that have the potential to come back and bite us.

Today, our capacity to search across data is immense – not only in terms of the data put into disclosure but also across the wider public domain.

Data – and digitised data – growth has been phenomenal over the last two decades, as trends such as corporate reporting add yet more sources of data.

Another trend is the merger of legal and business due diligence. The growth of ESG leads to due diligence enquiries that may have previously been managed by other professionals including issues such as supply chain contracts or the handling of employee relations. The ESG agenda is wide and lawyers are drawn into new routes of enquiry.

The due diligence process remains crucial; in purchasing the shares of a company and acquiring that company, one not only acquires its

Lawyers are focusing much less on the negatives and beginning to instead to concentrate more on the evaluation of the positives, which are represented in

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Indeed the barriers between many of these traditional legal specialisms erode as lawyers engage with an integrated ESG agenda.

Importantly, the end product of this work this is not just about some price adjustment on the deal or the negotiation of an indemnity to cover areas of future uncertainty. The significance attached to ESG may well mean that the results of due diligence put an early end to the transaction as companies decide that the acquisition is not a good fit.

In an era of big data, there is so much data out there that they are a powerful tool if employed effectively. But how do we combine it and analyse the data to make conclusions about the value of a company? Increasingly, it will be algorithms rather than lawyers that bear this hard work, speedily and efficiently.

Lawyers will always have the task of exercising judgement on issues central to the transaction but solutions such as RiskHorizon, will offer a quick and inexpensive fix on what these core issues are.

Use of this tool allows you, at the early stage of due diligence, to risk profile, in a sector-specific way, so lawyers know where to begin serious enquiry and highlight initial areas of concern and, indeed, of value.

Due diligence, then, is changing rapidly, under pressures of ESG in terms of both process and content. Data driven tools are there to allow us to add real value to the deal, and to focus on positive attributes, rather than pursuing a narrowly drawn approach to due diligence based on negative downsides.

For more information click here. go.landmark.co.uk birminghamlawsociety.co.uk

Landmark’s RiskHorizon is an intuitive ESG management tool that provides lifecycle due diligence

ESG is predicted to dominate the financial landscape in the coming years.

RiskHorizon is the perfect tool to build your ESG process around. By giving you expertise, accurate and up to date risk information, you can confidently ask each potential investment pertinent questions, and negotiate real change within their industry by improving their ESG score.

Contact us now for a demo and let us show you how RiskHorizon works, and how easy it is to incorporate into your existing workflow.

0330 036 6115 | esg@landmark.co.uk | landmark.co.uk

ESG MANAGEMENT SCORE

40

60 80

20

0

56% ESG SCORE

100

LIVING

SPECIAL FEATURE

HELPING PROVIDE CLARITY FOR BUSINESS OWNERS THROUGH SALE AND BEYOND. make an informed decision about their future, especially when considered alongside the following key questions: Pre-sale – Will I be able to make my money last?

A primary concern of most business owners is losing their main source of income. Many are also concerned about the size of their pension pot, with research last year suggesting that 45% of small business owners are expecting to outlive their retirement funds.1 It’s therefore essential to understand how much money from the sale is needed to achieve all their plans, especially if they are relying on this to fund their retirement. Cashflow modelling forms an integral part of this process, as it can help business owners understand where they are and better visualise the future.

When considering a business sale, consulting with a financial planner, alongside other professionals, can help guide business owners through a successful sale and beyond into their desired retirement, writes Duncan Macpherson, Chartered Financial Planner at Punter Southall Wealth.

Cashflow Modelling To help business owners determine their financial goals, manage their tax liabilities and plan for the future, a financial planner will use a cashflow modelling tool. This provides a detailed illustration of assets, investments, debts, income and expenditure which is projected forward year by year, using assumed rates of growth, income, inflation and interest rates. The cashflow model is then regularly reviewed to ensure that any situational changes that could impact on the assumptions made in the initial illustration are taken into account.

How does it work?

Cashflow modelling is used by financial planners to forecast a business owner’s future finances. It shows in real time how much money they could have in the future and whether they are on track to achieve their goals.

After collecting details about monthly income and outgoings, savings and other assets, a financial planner will analyse this information, alongside future goals and requirements, whilst considering life events such as retirement and one-off expenses like gifts to children.

They will then use cashflow modelling to run through many different scenarios to see how these might affect the business owner’s finances, such as bringing the retirement age forward, changing the expected return on investments or simulating a fall in the market. The model can also detail how taking income from different sources could affect their tax bill – and overall finances – over time.

For additional peace of mind, it can also factor in future care home fees and a legacy for family members should the business owner die unexpectedly.

A financial planner will then use this information to create a long-term projection of the business owner’s finances showing future requirements alongside any increase or decrease in their assets, helping to identify any potential surplus or shortfall.

How can cashflow modelling help business owners?

For business owners considering sale, cashflow modelling can help them

Post-sale – Can I take care of my loved ones and live the kind of retirement I would like?

Cashflow modelling will again support this part of the journey, as it is at this point that the now ex-business owner can start considering gifting, as well as securing their own future needs.

Ongoing financial advice is also important at this stage as there may be changes in circumstances, legislation, and investment markets, which must be considered year on year.

Review regularly It is important to review your cashflow model with your financial planner on a regular basis to ensure it is up to date and reflects any circumstantial changes, however minor, as they can make a huge difference in the longer term.

Selling a business can be an emotive and complicated experience for business owners. However, by working collaboratively with other professionals, and by utilising cashflow modelling to forecast and test multiple scenarios, a financial planner can help provide clarity for business owners through a successful sale and beyond.

Contact us To learn more about how Punter Southall Wealth works with Private Client professionals and their clients, please contact us on the following number quoting “collaboration” 020 3327 5340 or email us at business.owners@ puntersouthallwealth.com

1 https://startups.co.uk/news/entrepreneurs-could-outlive-their-retirement-funds/

The value of investments and the income from them can fall as well as rise. An investor may not get back the amount of money that they invest. Past performance is not a guide to future performance. We do not provide legal or tax advice. Please consult any appointed advisers on the possible tax, legal and other consequences of you holding any of the investments contained in this article. Unless indicated otherwise, comment and opinion in this article is based on HMRC’s tax regulations for 2022/23 tax year and tax treatment depends on the individual’s circumstances and may be subject to change in the future.

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There’s a reason smart law firms choose Quill.

Outsourced legal cashiering Legal practice management software ...and more!

info@quill.co.uk

quill.co.uk

0161 236 2910

OPINION

SIX THINGS TO CONSIDER BEFORE OUTSOURCING YOUR LEGAL C

Quill is the UK’s largest supplier of outsourced legal cashiering services.

Here, managing director Julian Bryan shares his guidance on the benefits of outsourcing, as well as some specific questions law firms need to consider during the initial decision-making phase.

When running a law firm, it can be tempting to want to oversee every piece of day-to-day admin that comes through your doors, especially when that admin relates to your legal accounts.

Knowing exactly how much money is coming and going from your office and client accounts is essential for business stability, growth and of course, compliance, which is why so many law firms rely on bringing dedicated cashiers to their team.

But is performing your cashiering inhouse really the smartest way to do it?

Here at Quill, we often talk about how managing your law firm’s cashiering 26

in a ‘smart’ way is essential if you want to succeed in an increasingly competitive legal marketplace. There are many ways to do this, including investing in new technologies or going completely paperless.

But there’s one tactic in particular which more and more law firms are employing: outsourcing.

And here’s why…

Why outsource your legal cashiering?

There are a huge variety of reasons why a law firm might want to outsource their cashiering function.

But, to us, there’s one factor in particular which stands out: compliance.

In the legal sector more than most, accounts are governed by heavy-duty rules. That means ongoing compliance poses a huge challenge, especially for busy practices processing large transaction volumes where the risk of making mistakes increases.

By relinquishing your cashiering duties to an outsourcing expert, it’s their responsibility to help you ensure your accounts meet tough regulatory rules. You’ve got peace of mind that your accounts are up to date with no compromise on compliance.

But that’s not the only reason. Some of the other major benefits which law firms look for include: - Improved business continuity, with no gaps in services, even during peak holiday periods or sickness absence - Cost savings without the extra salary, training, office space and other overheads associated with employing an in-house cashier - A strong personal relationship with outsourced cashiers that act as an extension to your team, even if they’re located miles away - Tailored support that you can flex to your workload volumes and your individual processes and procedures birminghamlawsociety.co.uk

CASHIERING

SPECIAL FEATURE

happens to work remotely. By treating them as an extension of your staff, you entrust the legal cashier to act in your best interests and with the right level of autonomy to deliver efficiencies to your business.

More than that, if the pandemic has taught us anything, it’s that we need to consider how a business would cope without a skilled employee. With an outsourced cashier, you have the business continuity in place to pick up exactly where your accounts were left off with no interruption whatsoever, including any back-posting.

2. Clear communications Communication in all its guises is a fundamental concern for both you and your outsourcing partner. It’s likely you’ll be assigned a named cashier who you can contact however you prefer and as often as you need to.

These lines of communication open up from the moment you start engaging with potential partners, continuing through the onboarding stage right up until you eventually team up with your chosen cashier. Proper communications guarantee that your outsourcing company delivers exactly what you want.

3. Cost and scalability

What to consider before outsourcing As with any transition between different ways of working, there are a number of factors you need to consider carefully and seriously upfront before you make any major commitments.

When it comes to outsourcing, there are 6 key considerations in particular while will help you ensure a successful changeover: 1. Come with a new mindset ‘Outsourcing’ can elicit images of a nameless, faceless person doing subpar work from far away with little knowledge of your business.

But experienced outsourced legal cashiers couldn’t be further from this stereotype.

The key to a successful relationship is to change your mindset of how you see an outsourced partner. The best approach is to view an outsourced cashier as a part time employee who

Every business has their eye on the bottom line, and cost is a critical element of any professional decision.

That means you need to understand where you’re spending your money and where cost savings can be made.

Outsourcing providers tend to charge fees according to your transaction volumes, so they scale up (or down) depending upon how busy (or quiet) you are. This is extremely helpful in terms of budgeting and financial planning.

4. Regulatory compliance Solicitors Regulation Authority (SRA) compliance is at the crux of your bookkeeping. Or, at least, it should be. Not only is it important for complying with regulators, it also enables your compliance officers to perform their roles satisfactorily. One of your outsourced cashier’s tasks is to generate weekly compliance reports which go a long way to keeping your finances, compliance officers for legal practice, and compliance officers for finance and administration on the right side of industry regulators. If there’s anything to sway your decision in favour of outsourcing, it’s probably the assurance of compliance.

5. Established processes It is crucial to establish processes for the smooth maintenance of your accounts and effortless flow of information between your law firm and your outsourcing partner is crucial.

These are simple but vital efficiencies which simplify who does what, and when. Some flexibility and trust may be required here; for example, conveyancing specialists might give their outsourced cashier access to their HMLR portal to post transactions directly from Land Registry statements as a further time-saving measure.

Read-only access to bank statements or you online payments portal are examples of streamlining as it assists greatly with bank reconciliation.

6. Adapting to change Let’s be honest, we all become set in our ways. But that doesn’t mean the ‘usual’ way is the ‘correct’ way. It’s easy to get accustomed to having a cashier in an adjacent office whom you can just throw pieces of paper at throughout the course of the day. With outsourcing, that all changes, and it can sometimes be difficult to adapt to this more structured working pattern.

However, the time spent familiarising yourself with a new, more streamlined process is worth it in the long run. Your outsourcing partner will collaborate to devise best methodologies which strip out inefficiencies. It’s a big change but, if you get buy-in from all concerned, the switchover to outsourced service support will be that much easier.

Wrapping up - when’s the optimum time to choose outsourcing?

While the majority of law firms tend to choose outsourcing when first setting up their new enterprise, in reality outsourcing can be activated at any time. Aside from start-ups looking to reduce their admin workload, the typical triggers include cashiers retiring or resigning (requiring permanent support) or staffing shortfalls due to holidays or unexpected absences (requiring temporary support).

As with most disruptive business decisions, there’s no ‘perfect’ time to start outsourcing your cashiering. But there is always a ‘right’ time.

And trust us. When the right time comes, you’ll know it.

To learn more about outsourcing your legal cashiering with Quill, visit www.quill.co.uk, email info@quill.co.uk or call 0161 236 2910.