Birmingham Law Society Bulletin Dec 2023 - Jan 2024

BULLETIN

THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY

DEC / JAN 2023 / 2024

AI RELATED LEGAL CHALLENGES IN THE DEFENCE INDUSTRY Find out more on P15

www.birminghamlawsociety.co.uk

info@birminghamlawsociety.co.uk

REGULATION REPORT:

ENVIRONMENTAL, SOCIAL, GOVERNANCE

Compliance Top Ten Topics For 2024 P24

Why Does It Matter To Law Firms? P19

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@BhamLawSociety

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THIS ISSUE

CONTENTS 4. President’s Address.

6. Upcoming and Past Events.

8. Member’s News.

12. 2024 Legal Awards 15. AI Related Legal Challenges In The Defence Industry 16. Transgender Awareness Week 18. Would You Attend A Meeting With A Paper Bag Over Your Head?

19. Environmental, Social, Governance (Esg) – Why Does It Matter To Law Firms?

24. Compliance Top Ten Topics For 2024

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

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

BULLETIN

THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY

FEB / MARCH 2023 www.birminghamlawsociety.co.uk

@birminghamlawsociety

BLS LEGAL AWARDS This year’s shortlist has been announced - are you on the list? P8.

FOUR BUSINESS HABITS REGULATION REPORT: Legal Ombudsman – changes to scheme rules. P18.

ARMY LEGAL SERVICESWhat’s Legal Life Like In The Forces? P22

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@BhamLawSociety

EXPERT WITNESSES FOR: l l l l l l l l

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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.

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PRESIDENT’S LETTER way forward and support those who will follow in our footsteps. We are stronger when we work collectively.

Over the last couple of months, our members have been delivering on this pathway in a number of ways.

On 2 October, nominations opened for the 2024 Legal Awards, with the introduction of three brand new categories – for Outstanding Student Contribution of the Year, Legal PA of the Year, and Junior Barrister of the Year, to celebrate the diverse range of talent that we now have within our local profession. We are delighted to announce that Jabeer Miah, the Immediate Past President of Northamptonshire Law Society, will be taking up the role of Head Judge, and shortlisting will commence in January.

I am delighted to be writing my first column as the President of Birmingham Law Society and to share our latest Bulletin with you.

This edition is not only the final edition of 2023, but also marks 18 years since the first modern Bulletin was shared with our members in November 1985. On the front page, the then editor, John James, remarked that “the Bulletin should, in my view, be more than an information sheet, providing a forum for debate and discussion on any matters pertinent to the legal profession in the West Midlands.”

Almost two decades on and the Bulletin continues to fulfil that purpose. It allows us to share the fantastic work that our members continue to do within our community, and enables us to learn about the pertinent issues which could impact our practice in the months and years to come.

This sense of collaboration and shared success has defined my first two months as President. After visiting London to mark the Opening of the UK Legal Year, 4

I have been fortunate to attend the Legal Awards of the Bristol, Liverpool and Warwickshire Law Societies, as well as the Reception of the International Bar Association Conference and the Opening of the Paris Bar Legal Year.

These events have exposed me to the range of talent that exists within the legal profession and enabled me to build closer relationships with our counterparts, to ensure that we can share best practice and advocate for our interests on the national and international stage.

It is safe to say that at times, my diary has not quite seemed real. It is still not every day that a woman of my age, from my socio-economic background, will have the opportunity to lead such a large and vibrant legal community.

But what these events have shown me is that the narrative of our profession is changing. We are becoming increasingly diverse, and the needs of our clients are ever-evolving. Whatever our specialism and wherever we work, we will need to be continually alert to the issues affecting our profession, and come together to navigate the best

On 17 October, at a fantastic event at the Everyman Cinema, we launched the first Birmingham Law Society Social Mobility Pledge in partnership with my charity of the year, the Social Mobility Foundation. The pledge is a call to action for individuals and organisations to make a firm commitment to foster equal opportunities to access and progress in the legal world. To date, we have had pledges to mentor aspiring lawyers who may otherwise have no connections to call upon. We have had pledges to support volunteering, and to gather data to understand the socioeconomic diversity of our workforces.

We have also had pledges to enter the Social Mobility Foundation’s Employer Index, an annual benchmarking and assessment tool which shows how employers are performing in a number of key areas.

On 9 November, our Pro Bono Committee hosted an insightful discussion at Gowling WLG to mark National Pro Bono Week, bringing together representatives from legal organisations, law clinics and charities.

On 16 November, we hosted our Membership Breakfast at Gleeson Recruitment Group’s offices, to give an opportunity for more of our members to learn about how they can get involved and contribute, and to hear from our committees and sub-committees about the impact they are making.

On 30 November, we welcomed the newest entrants to the profession into our community at our annual NQ event, hosted this year by St Philips Chambers.

www.birminghamlawsociety.co.uk

NEWS On 1 December, we launched our new Birmingham Law Society Vacation Scheme – an initiative to support our member students to develop their soft skills and gain practical experience.

Participating students will have access to online workshops on networking and relationship building, confidence and resilience, and the world of legal careers. They will then have the opportunity to attend an in-person session in April 2024 in partnership with Higgs LLP and Browne Jacobson.

MEET THE COUNCIL

As 2023 draws to a close, it is important to reflect on what Birmingham Law Society has achieved this year. We have implemented a new governance structure and brought new people with fresh ideas on to our Council and Board. We have increased our membership count and continue to be the largest regional law society outside of London. We have provided new opportunities for our members to collaborate on a variety of different levels.

Deputy Vice-President Matt O’Brien, Jonas Roy Bloom

Neena Janda, Zappi

Bernard Shepherd, BES Legal Solicitors

Pardeep Lagha, Liverpool Football Club

Catherine Edwards, Keele University

Peter Wiseman

Dee Smythe, Clerksroom

Sabina Kauser, Acuity Law

Garrett Shafer, Pinsent Masons

Samantha Ross, Bevan Brittan LLP

Grace Mullis, Irwin Mitchell LLP

Simon Harris, Gowling WLG (UK) LLP

Harriet Muffett, Trowers & Hamlins LLP

Tony McDaid, No5 Barristers’ Chambers

James Farmer, Cornwall Street Barristers

Victoria Zinzan, Irwin Mitchell LLP

Janai Parker, Gateley Legal

Warren Barr, University of Birmingham Law School

Lubna Shuja, Legal Swan Solicitors

The role of Council is to represent the members of the Society in overseeing the activities of the Board. Comprised of 23 members, the Council is a diverse and representative sample of our membership as a whole.

In 2024, I hope to continue this momentum. We will be hosting networking events both inside and outside the city centre to facilitate stronger relationships with each other and the wider business community.

We will be providing opportunities for junior lawyers to learn more about our governance and contribute to our goals. We will be working with our counterparts at a national level, to ensure that the interests of the profession continue to be represented.

We will also be continuing to fundraise for the Social Mobility Foundation, to help make sure that nobody is restricted in their ability to access or progress in the legal profession because of their background. More to come on my marathon training in due course!

I wish you all a wonderful break and look forward to the coming year.

Alice Kinder President.

Birmingham Law Society thanks our Gold Sponsors

President Alice Kinder, Bexley Beaumont

Vice-President Richard Port MBE, George Green LLP

Marissa Jacquet-Smoothy, Grove Tompkins Bosworth

Mary Kaye, Rayden Solicitors

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EVENTS

MEMBERS’ EVENTS Networking Social for Lawyers sponsored by No5 Barristers’ Chambers 11th January, 6pm – 8pm, No5 Barristers’ Chambers. FREE for members | £10 +VAT for non-members Legal Lunch Roundtable with Biodiversity Net Gain Discussion in partnership with Landmark Information 26th January, 12pm – 2.30pm, Venue TBC. FREE for members only The Path to Partnership and Beyond sponsored by 3PB Barristers & Idex Legal 30th January, 5.30pm – 7.30pm, 3PB Barristers. FREE for members | £10 +VAT for non-members Professional Indemnity Insurance (PII) Roundtable Discussion in partnership with JMG Professional Risks 1st February, 5pm – 6.15pm, Mills & Reeve. FREE for members only Supporting Aspirations in Law 6th February, 5pm – 7pm, University of Law. FREE - students only.

BLS & BTSS LEGAL EAGLES QUIZ

LGBTQ+ Sub-Committee Launch Party sponsored by Higgs LLP, No5 Barristers’ Chambers, Idex Legal and Shoosmiths 15th February, 6pm – 8pm, Shoosmiths.

FREE for members | £10 +VAT for nonmembers Networking Social for Lawyers sponsored by 3PB Barristers 29th February, 6pm – 8pm, 3PB Barristers.

FREE for members | £10 +VAT for nonmembers To reserve your place and find out more, make sure that you visit www.birminghamlawsociety.co.uk

BLS NATIONAL PRO BONO WEEK ROUNDTABLE

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birminghamlawsociety.co.uk

EVENTS ELECTRONIC CLIENT ONBOARDING & COMPLIANCE WITH LEAP

DEVELOPMENTS IN THE FINANCIAL REMEDIES COURT AND TRANSPARENCY IN FAMILY LAW WITH KEYNOTE SPEECH FROM MR JUSTICE PEEL

SOCIAL MOBILITY PLEDGE LAUNCH

MEMBERSHIP BREAKFAST LUNCH CLUB WITH ENTREPRENEUR , DAN BRIDGEWATER

NEURODIVERSITY PANEL DISCUSSION: REALISM WITH OPTIMISM

NEWLY QUALIFIED CELEBRATION PII ROUNDTABLE DISCUSSION

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NEWS

DATALAW ANNOUNCED AS NEW BLS SPONSOR

This is achievable because the ESFA have set aside government funding in the form of the apprenticeship levy which helps organisations train their professionals within work to increase talent acquisition and career progression.

To find out more information about Datalaw’s funding please visit https:// lawapprenticeships.co.uk/ funding Priority access for Birmingham Law Society members:

As an established training provider that has worked with over 27,000 trusted solicitors and holds 25 years of experience in the legal field, it is ensured that Datalaw’s law apprenticeships and continuous professional development (CPD) courses not only meet but exceed the expectations of today’s dynamic legal environment.

Through this sponsorship, Datalaw will be joining Birmingham Law Society’s events and will be hosting educational live webinars that will provide members priority access to resources and expertise.

What is Datalaw’s specialty?

Datalaw provides professional legal CPD training and 95% government funded law apprenticeship programs.

This includes the SRA approved government funded solicitor apprenticeship which enables your practice to get your new and existing employees from graduate to solicitor via 8

the government funded Solicitor Apprenticeship Scheme. This Scheme covers all their training and examinations via the new qualification route: the SQE (The Solicitor Qualifying Examination).

The benefits of Datalaw’s solicitor apprenticeship include: ● Approved by the SRA ● Zero fees for learners ● 95% funded for organisations ● Assists firms in retaining and attracting legal talent Additionally, Datalaw also offers the Level 3 Paralegal Apprenticeship which has been created to train those in a legal support staff role to become qualified paralegals and fee-earners.

Alongside this, candidates will also become nationally recognised paralegal with the National Association of Licensed Paralegals (NALP) which will enable them to undertake billable tasks.

However, Datalaw is most known for its expansive legal CPD library that holds over 800 legal CPD courses in over 45 areas of law.

These courses encompass a wide range of topics meticulously designed to meet the diverse needs of professionals across the legal sector, from practising solicitors to firm managers.

With a network of legal experts and speakers, Datalaw ensures that each course is both informative and engaging, providing legal practitioners with the essential knowledge and updates they require to excel in their fields.

Whether you’re looking to deepen your expertise or stay updated on the latest legal developments, Datalaw’s CPD courses & memberships can help you stay on track with your professional development and training.

How to claim apprenticeship funding through Datalaw?

As an approved training provider by the Education & Skills Funding Agency (ESFA), Datalaw can provide the training and claim this funding directly from the government on your practice’s behalf.

Datalaw will be presenting a series of free webinars exclusively for our members, providing an opportunity to learn more and gain early access over solicitor apprenticeship spaces. This ensures that Birmingham Law Society members have a distinct advantage in accessing SQE funding and legal training resources.

To all members of the Birmingham Law Society, this announcement serves as an invitation to take advantage of the SRA approved qualifications and legal CPD training that Datalaw offers. Whether it is to elevate your practice’s expertise or to progress in your career path within the legal sector, Datalaw can provide the right training for you.

To explore this opportunity further and understand how the apprenticeships can be tailored to meet the needs of your firm please feel free to book a meeting with our Apprenticeship Coordinator or contact Datalaw at 0151 242 0066.

For additional information, you may also visit www.datalawonline.co.uk/ funding.

birminghamlawsociety.co.uk

NEWS

NEW CHAIR OF RESOLUTION WEST MIDLANDS ANNOUNCED

Resolution, the national organisation for family justice professionals in England and Wales, has announced Birmingham lawyer Adam Maguire as the new chair of its West Midlands group.

A partner at national law firm Clarke Willmott LLP, Adam Maguire takes the reins from outgoing chair Chris Lloyd-Smith, to head up the regional subcommittee of the organisation which covers Birmingham, the Black Country, Wolverhampton and Worcester.

Resolution provides training and educational resources to members, ensuring they can support families and individuals during difficult times whilst also promoting alternative methods of dispute resolution which helps families find more amicable solutions and avoid the costs and acrimony associated with court. There are also networking opportunities.

The organisation advocates a non-confrontational approach to resolving family law issues and also lobbies for a fairer family justice system.

Adam Maguire, who has acted as vice-chair of Resolution since 2021, said: “I am really passionate about helping people navigate family law issues in a constructive, non-confrontational way. This includes supporting individuals themselves and providing legal representatives with the right tools and resources to facilitate this.

“As vice-chair of Resolution I have seen first-hand how our work makes a huge difference to peoples’ lives. I am looking forward to continuing this work while expanding our range of events and membership as chair.”

Adam specialises in all aspects of private family law at Clarke Willmott including cohabitation, separation, divorce and related financial issues, disputes concerning children and nuptial agreements.

BLS SOCIAL MOBILITY PLEDGE

LAUNCHED IN PARTNERSHIP WITH THE SOCIAL MOBILITY FOUNDATION The Social Mobility Pledge is a call to action for individuals and organisations, both small and large, to commit to fostering greater social mobility within the legal profession and the wider community.

As an individual, you can pledge to: Volunteer!

Personally help students from lower socioeconomic backgrounds on their career journey.

We will be in touch with opportunities, including: 1. Mentoring a school-age student, guiding them on their next steps 2. Check a student’s CV 3. Deliver a telephone mock interview 4. Provide support ahead of an assessment centre/ application 5. Phone a student to give career advice As an employer, you can pledge to: 1. Collect data!

Collecting socioeconomic background data is vital to improving social mobility.

Clarke Willmott is a national law firm with offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton. This year the firm is celebrating its 135th birthday.

2. Enter the Social Mobility Index!

The index is a rigorous assessment of the steps being taken to ensure talent from all social backgrounds can get ‘in’ and ‘on’ in organisations.

For more information visit www.clarkewillmott.com or for more on Resolution visit https://resolution.org.uk/ committee/west-midlands-2/

3. Support Volunteering!

Support your staff to personally help students from lower socioeconomic backgrounds on their career journey.

Find out more and get involved here!

@birminghamlawsociety

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NEWS

MILLS & REEVE CONFIRMS NEW OFFICE IN PARADISE share the building with other occupiers, including Goldman Sachs, Arup and JLL. Jayne Hussey, Partner and Head of the Birmingham office at Mills & Reeve said: “Our move to One Centenary Way marks our continued commitment to the city of Birmingham and to our ambitious growth plans. As our team grows we are excited to be moving to an up and coming, ever evolving location in Paradise.

“Our decision to move to One Centenary Way also reflects our commitment to minimising our impact on the environment and recognising our responsibility for guardianship of the environment. It’s one of the city’s most sustainable and SMART buildings providing cutting-edge technology, services and amenities which reflect our corporate values and will support our future growth and ambitions.”

National law firm Mills & Reeve has confirmed they will be moving their Birmingham team to a new office location following an 18-year stay at Colmore Row. Mills & Reeve is taking 32,000 sq ft of space on the fourth and fifth floors of One Centenary Way in Paradise Birmingham in the Summer of 2024 amid team growth and the requirement for a larger space.

The law firm has had a presence in Birmingham for 25 years and has spent the last 18 years at its office in the heart of Birmingham city centre in Colmore Row. Starting with a team of five employees the team has now outgrown their space

with more than 300 current employees, 170 of them being lawyers. The firm has ambitions to expand even further and increase its presence in the city.

Turnover for 2022/23 grew by 12%, beating an ambitious planned growth target of 11.4%, to reach a record high of £147 million.

Mills & Reeve provides a full legal service offering from its Birmingham base, including corporate, banking, commercial, employment, private wealth, real estate and family.

Signing up for one-and-a-half floors of cutting edge office space at One Centenary Way, Mills & Reeve will

The building’s impressive sustainability credentials include a pure electric heating and hot water supply system and SMART access to services, information and facilities.

A major new landmark for the city overlooking Centenary Square, the low carbon, all electric and highly sustainable structure was designed by Birmingham based architects, Howells, with engineering input from Arup. The distinctive design and steel exoskeleton frame enable it to straddle the A38 Queensway tunnel that runs directly beneath it.

BCU RANKS SECOND IN MIDLANDS FOR SOCIAL MOBILITY

Birmingham City University (BCU) will continue striving to provide “life-changing opportunities” for its students, says Vice-Chancellor Professor David Mba, after it retained its top ten position in the latest English Higher Education Social Mobility Index.

The Index measures an institution’s commitment to transforming the lives of its students by grading its accessibility, continuation rates, and graduate outcomes for undergraduates.

One of three post-1992 universities to make the top ten, BCU has been ranked seventh best in 2023 – and second overall in the Midlands – 10

thanks to its ability to equip students with the skills and experiences to improve their socio-economic situation.

Professor Mba, who became Vice Chancellor earlier this month, said: “Providing transformative opportunities for our students, of which 45 per cent are from neighbourhoods in the most deprived areas of the UK, is at the very heart of what we do at Birmingham City University.

“To be placed seventh in the 2023 Social Mobility Index is therefore hugely encouraging and testament to the hard work, commitment and passion of staff and students alike.” birminghamlawsociety.co.uk

NEWS

VULNERABILITIES OF MOBILE WIFI ACCESS POINTS AND CELLULAR NETWORKS It seemed logical to develop products and services, along with data gathering intelligence applications immediately complimentary to these services and the scenarios that can arise during the investigation. Whilst developing this new product offering considering flexibility in the way it can delivered has been paramount.

Mobile and wireless network intrusion and hacking detection.

It is common for individuals, to have raised concerns about intrusion into their mobile and Wi-Fi based communications.

Eminent has developed a series of network scanning products which detect and characterise network intrusions and the possible motivations behind them.

For our legal services related clients the same systems make it easier to build a tenable trail of evidence for illegal and unauthorised hacking which has been difficult to define in the past. The same systems may be supplied as a service to individuals, corporate organisations or legal firms as a subscription-based service.

Eminent Crisis Management Group Ltd is a global operating corporate investigations and security risk management (SME) company. Consisting of retired qualified police detectives and former members of specialist UK Military Units. The business supports a wide variety of clients from the corporate, legal and government professions. Evidencing excellent standards of internal corporate diligence, the company adheres to the UK Bribery Act, Modern Slavery Act policies and ensure those who work with us cascade this down. We also ensure that the same standards of information security are applied throughout our supply chain.

The company is called upon regularly to support client needs in a wide variety of international jurisdictions including regular tasking in Europe. We can lay claim to successful projects in the Commonwealth of Independent States, Middle East, The Far East, Africa, The America’s and beyond.

Against this backdrop of excellence in corporate investigation and risk management the Company has embarked on an additional technology-based approach to the business. The strategy is twofold. a) To develop a series of product’s which enhances the Company’s existing deliverables. b) To offer additional services to our client base which will be built around the developed product.

Whilst engaged in delivering its existing services. there are some common scenarios in which the Company finds itself providing assistance as outlined below.

In addition, our network scanning systems fully support the law enforcement activity of “cell site analysis” which assists in the placement of persons of interest at or not at locations of interest. The locating of mobile phones in this way is one of the principal means of location confirmation, possibly second only to DNA analysis.

This technology and product offering can be delivered alongside existing RF scanning security tools and adds an additional level of reassurance.

Asset and People Tracking One of the most common crises in human activity is the sudden loss of the whereabouts of human and non-human assets. The scenarios are many and varied and range from lone and vulnerable workers lost or kidnapped in hostile environments to the loss of valuable assets whilst in transit or simply as a result of theft.

Eminent has developed a tracking platform which supports both wireless network and satcom communication of the whereabouts of tracking devices and, via smartphonebased apps, phone users themselves. The various applications and systems devised by Eminent can work individually or are able to compliment each other.

All options have the ability to work whilst deployed in real time or reactionary from remote locations should the required preparation work have been completed.

• Investigations of White-Collar Crime • Employee Dishonesty • Bribery & Corruption • Racketeering & Extortion • Private Criminal Prosecution • Due Diligence & Intelligence Gathering • Asset Tracing • Surveillance • Tracing Individuals @birminghamlawsociety

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BOOK NOW! Don’t miss out on your chance to attend the biggest and best event in the West Midlands legal calendar.

Tickets for the Birmingham Law Society Legal Awards 2024 are on sale now.

The Awards, now in their 22nd consecutive year, will shine the spotlight on the firms, teams and individuals who have excelled over the past 12 months.

Guests will enjoy a pre-dinner drinks reception from 6:45pm, followed by a four-course meal called at 7:30pm.

Please see overleaf for details on how to book your tickets.

Booking Form >

BOOK NOW! 14TH MARCH 2024, 6.45PM INTERNATIONAL CONVENTION CENTRE, BIRMINGHAM Members - £120 + VAT Non-Members - £150 + VAT The quickest and easiest way to to reserve your ticket(s) or table(s) is to complete this booking form and send to: awards@birminghamlawsociety.co.uk Alternatively, you can return this form to: Birmingham Law Society Suite 101, Cheltenham House, 14-16 Temple Street, Birmingham B2 5BG

Company Name: Company Address:

(DX number to be given where available)

Contact Name: Telephone No: Fax No: E-mail: I would like to book a table for 10 persons @ £1,200 + VAT

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(Member Rate)

I would like to book a table for 10 persons @ £1,500 + VAT

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(Non-member Rate)

(please circle) (please circle)

or I would like to book tickets

@ £120 + VAT

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... a night not to be missed

NEWS

SYDNEY MITCHELL CHARITY BALL RAISES £7500

winning bidder for the England Shirt.

Brandon Scott-Omenka, CEO of the Solihull Carers Trust and Suzanne Anderson, founder of Parenting Mental Health, both driving forces behind their charities, explained more about their passion for making a difference to both young and old alike.

190 people attended the Sydney Mitchell Charity Ball held at the National Conference Centre on 6 October 2023, raising £7,500 for its two nominated local charities: Solihull Carers Trust and Parenting Mental Health. Our chosen charities seek to provide help and support to both young and old.

Paul Martin, Magic Circle magician and compere for the evening, hosted a very entertaining night, with heartwarming speeches from Brandon Scott-Omenka, CEO of the Solihull Carers Trust and Suzanne Anderson, founder of Parenting Mental Health.

It was an extraordinary evening of spectacular magic and fun, plus music from Under the Sun with ‘fun money’ casino, tops and tails plus an auction and raffle with lots of wonderful prizes donated by local businesses. Thank you to the Sydney Mitchell army of raffle ladies and gentlemen for giving their time during the evening to sell tickets.

The National Motorcycle Museum and Frances Newman of Pellier Noir / Smile Events also donated a percentage of sales from the event to the charities.

Over £5000 was raised from the various activities on the night in addition to the monies raised from ticket sales.

Prizes were generously donated by contacts and local businesses namely the National Conference Centre, Ashas, Copt Heath Golf Club, A J Gallagher Insurance Brokers, Nuthurst Grange Hotel, Crowne Plaza Hotel, Precious Nails & Shiny Lashes, Mybody Fit, Perfect Personnel, Uban Body Physio, Touchwood, Sydney Mitchell LLP, Tudor Grange, Smart Business Recovery, Unleased Beauty, Katie & Co. Pertemps, Isis Conveyancing, Solihull Summer Fest and Teresa Mannion of Sydney Mitchell.

A special thank you to Dave Radburn who presented a table at the Solihull Sporting Society Christmas Luncheon Event and to Jack Grealish for signing an England Shirt for the silent auction. A lovely donation of £150 from Poppleton & Appleby also added to the coffers on the night.

Thank you also to Eastcote Wealth Management and Thomas & Young who successfully bid for the sporting event table and to Dean Elsmore

LGBTQ+ SUB COMMITTEE LAUNCH EVENT

Brandon was proud to share that in his eight years at the helm, the charity has grown to 4660 carers in the community from 2000 registered carers and are thankful for the selfless support the volunteers give. Many who give their time to the charity are retired NHS professionals; continuing to support and help others in their time of need.

Suzanne, with her very emotional speech, had the audience choked with her personal story of how she founded the charity based on her own experiences of parenting and partnering her own daughter through depression and anxiety. Parenting Mental Health supports more than 40,000 parents around the world 24 hours a day, 7 days a week, 365 days per year.

Both charities thanked Sydney Mitchell for hosting the Charity Ball and for all businesses who provided raffle and auction prizes and for everyone who attended on the night for their generosity.

Legal 500 Top Tier Law Firm Sydney Mitchell is an award-winning Midlands based firm with specialist legal teams that include employment, commercial property, company and commercial services, business immigration, litigation and insolvency. Private client teams include family law, residential property, dispute resolution, immigration, and wills and probate, tax and trusts and personal injury. Sydney Mitchell LLP has been providing legal advice in the Midlands for over 260 years.

In honour of LGBTQ+ History Month and to celebrate the formation of the new LGBTQ+ sub-committee, Birmingham Law Society will be hosting a launch party where everyone is welcome to come and network.

Date: Thursday 15th February

There will be food, drinks, entertainment and an opportunity to hear more about the committee and their future plans.

Price: FREE for members | £10 +VAT for non-members

Time: 6pm – 8pm Venue: Shoosmiths, 103 Colmore Row, Birmingham, B3 3AG

Sponsored by:

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birminghamlawsociety.co.uk

FEATURE

AI RELATED LEGAL CHALLENGES IN THE DEFENCE INDUSTRY

and transform data in a hierarchical manner, prevents anyone from establishing the exact reasoning behind a system’s predictions or decisions. This makes it almost impossible to assign legal responsibility, in the event of an accident or errors caused by the system.

Multiple studies on algorithmic errors across various industries have shown that even the very best algorithms, operating exactly as designed, can generate internally correct outcomes, that nonetheless cause chaos. For example, in 2015, users discovered that Google Photos was categorising some African-Americans as primates. What happens if an autonomous weapon system is unable to distinguish between civilians fleeing a conflict and insurgents making a tactical retreat? You can’t punish a machine, and prosecutors are likely to find it incredibly difficult to establish both Actus Reus and Mens Rea where an autonomous weapon system has been deployed.

AI is becoming increasingly utilised for defence purposes and questions of accountability, transparency and legality are at the forefront of many human minds.

In particular, the rise in the use of autonomous/unmanned vehicles (commonly known as drones) in both military and commercial settings, has been accompanied by heated debate as to how legislation is going to be able to keep up with such rapid advances in technology, and the ethical implications of their use in a military setting writes By Yasmin Underwood, defence consultant and member of the National Association of Licensed Paralegals (NALP) AI and autonomy

deploy a system that can use lethal force without a human in the loop”.

Whilst the UK does adhere to the International Humanitarian Law principles, which prohibit indiscriminate or unnecessary use of force. Currently, there is no comprehensive legislation that specifically governs the use of AI and autonomous systems in the UK. There is industry-specific guidance, such as the UK Ministry of Defence ‘Proinnovation approach to AI regulation 2023’, and a handful of more generic regulatory policies, such as the General Data Protection Regulation (GDPR) which addresses concerns around data privacy and security that arise from the use of AI systems. But essentially issues are dealt with on a case-by-case, and sector-by-sector basis. This lack of clarity presents several key challenges for legal professionals:

The defence industry refers to AI as “a family of general-purpose technologies, which may enable machines to perform tasks normally requiring human or biological intelligence”. However, there is no legal or statutory definition of AI.

• • • •

The UK government had previously stated that it does not possess fully autonomous weapons and had no plans to develop them. However, during a parliamentary debate in the House of Lords in 2021, it became apparent that the UK's new posture does not rule out the possibility that “the UK may consider it appropriate in certain contexts, to

Who should be held accountable when/if something goes wrong, and who was responsible for the outcome?

Is it the developer, is it the owner of the technology, or is it the end user?

Safety and Security Privacy Bias and Discrimination Responsibility and Accountability.

Pinning down accountability

The ‘black box’ nature of most modern AI systems, with layers of interconnected nodes that are designed to process

There is also the risk that delegation of tasks or decisions to AI systems could lead to a ‘responsibility gap’ between systems that make decisions or recommendations, and the human operators responsible for them. I have found that often the military response regarding who is to be held accountable in these scenarios, is that it will always fall on the commanding officer. But attributing blame up or down the chain does not simplify this legal and moral complexity, and in the absence of clear legislation it is difficult to hold organisations responsible for the actions of their AI systems. Crimes may go unpunished, and we may even find that eventually the entire structure of the laws of war, along with their deterrent value, will be significantly weakened if law makers cannot come to an agreement on some kind of universal legislation.

Where do we go from here?

AI has the potential to revolutionise military operations, from enhancing the decision-making process, to automating routine tasks. While we may be enthusiastic about the prospect of AI taking over jobs we consider too ‘dull, dirty, or dangerous’ for humans, we need to be prepared for the battles, barriers and challenges we face navigating law and AI in the defence sector.

Web: www.nationalparalegals.co.uk Twitter: @NALP_UK

@birminghamlawsociety

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COMMITTEE NEWS

TRANSGENDER AWARENESS WEEK

I’d spend the whole day out and proud, answering questions I didn’t want to, and force myself back in the closet at home. I was scared to tell people. I didn’t know how my family would react, and the fear of being pushed away weighed on my shoulders every single day. I was exhausted, carrying a big secret around and living a ‘double life’.

Until my eighteenth birthday.

I was sitting in the garden late one night with my mum. She turned to me with an earnest look and told me: ‘It’s okay.

We know. You can tell us.’ And I did.

Everything came spilling out, and before I knew it, I was out to my extended family and friends.

Each year between 13 to 19 November, people and organisations around the country participate in Transgender Awareness Week to help raise the visibility about transgender people and address issues members of the community face. This is a week before Transgender Day of Remembrance (TDOR) on 20 November. TDOR, is an annual observance that honours the memory of the transgender people whose lives were lost in acts of antitransgender violence that year.

Jamie Adams, a Committee Member of the Birmingham Law Society’s LGBTQ+ Sub-Committee, kindly shares their story…

I was raised in the Black Country, surrounded by a healthy mix of siblings, parents, aunts and uncles, family friends, and cousins. As I hit my teens, though, I knew something wasn’t right, but I didn’t have a word for it. I didn’t know how to describe the discomfort puberty and growing up were causing me.

I was unhappy, and it wasn’t until a friend suggested the idea I could be transgender that things started clicking into place. After what amounted to many weeks’ worth of research, I was sure.

When I went to my college enrolment day, a friend took me to change my name on the paperwork, and as I signed the bottom and informed the college that under no circumstances should they tell my parents, I was Jamie.

That didn’t stop the invasive questions from classmates, which tore me down just a little more every time I heard them.

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The funniest part of it all? No one was shocked. I was under the illusion I’d been flying under the radar for the last three years but, for lack of a better term, the closet was made of glass.

I attended Keele University as Jamie Adams. The attitude shift was a welcomed surprise. Gone were the invasive questions and stares of disgust.

To all of my peers and lecturers, I was Jamie. They didn’t care that I was transgender, they cared how I was coping with the workload, what I wanted to do after my studies, and whether I was going out to the Student Union.

It was refreshing. It felt as though the weight had finally been lifted from my shoulders. That’s not to say my identity wasn’t discussed, but there was a layer of respect to the conversation. My friends would listen to my woes and offer support, without hidden judgement or bigotry.

I graduated from university with a First in Law and prepared myself for entering the world of work. I was terrified; the anxiety of starting somewhere new, where I may not be treated with the same respect, bubbled in my stomach.

Until I was hired as a barrister’s clerk at Halcyon Chambers in Birmingham.

I’ve been working there for a month now, and it’s been fantastic. The anxiety I carried around vanished instantly. My co-workers are kind, respectful, and some of the nicest people I’ve ever had the pleasure of working with. I’ve been welcomed into Chambers with open arms, and I couldn’t ask for a nicer group of people to work alongside.

But with the good comes the bad.

Hate crime is on the rise. In the year ending March 2023, there were 145,214 hate crimes recorded by the police in England and Wales (excluding Devon and Cornwall), a 5% decrease compared with the previous year. But transgender hate crimes increased by 11%, to 4,732 offences - nearly double the number of transphobic hate crimes reported in 2020/21.* Gallop, the LGBT+ anti-abuse charity, has reported a 65% increase in LGBT+ victims of hate crime coming to them for support, and argues that the Government’s own research shows that over 90% of anti-LGBT+ hate crimes go unreported.

The Law Commission published recommendations in December 2021 to reform hate crime laws to remove the disparity in the way hate crime laws treat each protected characteristic—race, religion, sexual orientation, disability, and transgender identity, particularly levelling up the protection for disability and LGBT+ victims. It recommended that the term ‘transgender’ in hate crime laws be replaced with the term ‘transgender or gender diverse’, and the definition of ‘transgender or gender diverse identity’ should include people who are transgender and people who are gender diverse; for example, people who are non-binary, and people who otherwise do not conform with binary gender expectations.

For me, levelling up the protection can’t come soon enough. I’ve experienced LGBT+ hate crime firsthand. I’ve been shouted at, spat at, and threatened more in the past few months in my personal life than I have in all the years I’ve been ‘out’. Yes, I’m transgender, but I’m a person first. I have hobbies, interests, likes and dislikes. I have amazing family and friends, and I’ve never met a community more welcoming than the ones at university and work.

Look after each other. Stand with your transgender family, friends, and colleagues. Offer support, listen to us, and be open to learn. Stand up for us if something isn’t right and help us advocate for our rights.

We are people, and we aren’t going away any time soon. * Stats from https://www.gov.uk/government/statistics/ hate-crime-england-and-wales-2022-to-2023/hate-crimeengland-and-wales-2022-to-2023

birminghamlawsociety.co.uk

FEATURE

THE TIMES THEY ARE A’CHANGING – PLANNING A ROUTE THROUGH SQE covered under existing supervisory systems. No point in re-inventing the wheel.

3. Tap into internal talent The flexibility about when the SQE can be taken (before, during or after a period of QWE) means firms can increasingly look at bringing through internal colleagues on training pathways that work for the ‘earn while you learn’ mode of study. This helps provide talented colleague with a clear career pathway (hopefully encouraging them to stay with the firm) and perhaps lessens the requirement for lateral hires unfamiliar with the firm’s culture and values.

4. Communication, communication, communication All in the meeting realised that whatever you call it (SQE working party, group, project) it important to involve key decision makers and also do not assume they know anything about the new training regime, We find at COLP that the valuable conversations we have are with supervisors of trainees and paralegals in the firm, so they are more attuned to supporting a candidate going through SQE.

Dr Giles Proctor facilitated a roundtable for Birmingham Law Society members on the SQE last month and in this article shares his reflections on the session….

“I was lucky enough to be presenting to the Birmingham Law Society members in September to help answer questions, queries and sometimes outraged pleas for help that arise when firms are envisaging changing their training regimes. The meeting at one point discussed, in varied tones of exasperation from some present, why the ‘old LPC system’ was discarded after 30 years and a new regime introduced? The sense of anxiety from some was heightened by the realisation that the LPC really is disappearing as an option for most undergraduate LLB students after this academic year 23/24 and the SQE route, whether full or qualified by exemptions will take up residence as the sole route to qualification.

Its fair to say that, after that excursion to look at the past LPC regime, pragmatism reigned in the meeting – the room agreeing that as the SQE

is here to stay, firms and universities are looking at the opportunities and grasping the nettle of change. I always learn more listening to what the participants say rather than dipping into my own small pool of knowledge, so here are 5 takeaways that participants presented as elements in their varied strategies to convert from LPC to SQE 1. Work with the firms existing culture All changes to the training pathway need to take on board existing firm and organisational policies on payment in monetary terms or in time given for training, either for the LPC or other training. Also bring into the discussion whoever is invested in current training and how its viewed within the firm – its important that the SQE training pathway dovetails with existing trainee and NQ training.

2. No need for radical change Systems of supervision and the pattern of internal training (e.g. the approach to seat rotation) do not need to change as a result of the SQE. Signing off Qualifying Work Experience (QWE) involves the trainee/paralegal keeping a ecord but this would be

5. Modelling possible pathways nourishes engagement in the wider firm Getting a timeline down on paper is a good way of crystallising thoughts and choices about how to structure an SQE training paper. The SQE exams are at fixed points of the year so it makes sense to aim for preparation courses that meet these dates and build other modules of training around that. In turn it then provides the context for deciding when the period of QWE starts and stops.

So collaboration really is the key to building and effective training pathway that has buy-in and also meets the firms longer term training objectives.

If you are interested in hearing more about the SQE transition, please get in touch for an information discussion, you can email me at gproctor@ collegalpractice.com” Dr Giles Proctor CEO, The College of Legal Practice

@birminghamlawsociety

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NEWS WOULD YOU ATTEND A MEETING WITH A PAPER BAG OVER YOUR HEAD? Overcoming Zoom Fatigue The rise of virtual meetings has brought about the phenomenon of “Zoom fatigue.” While turning off screens might provide temporary relief, it’s crucial to address the root causes of fatigue and explore alternative solutions, such as incorporating breaks, varying meeting formats, and double checking the reasons you are needed specifically at that meeting before accepting it.

In our age of virtual communication, online meetings have become an integral part of our professional lives.

However, during our recent Bounce Forward programme, participants were sharing their frustration at the growing trend that is getting in the way of basic communicationattendees participating in meetings with their screens turned off. While it may seem like a mere technological preference, there’s more to this choice than meets the eye, or rather, isn’t meeting the eye.

self-doubt for the speaker.

The 7-38-55 Rule, a concept often attributed to psychologist Albert Mehrabian, sheds light on the importance of nonverbal communication in our interactions.

According to this rule, only 7% of communication is conveyed through words, while 38% comes from the tonality of our voice, and a significant 55% is derived from body language and facial expressions. In the context of online meetings, where visual cues are limited to the small window on our screens, choosing to attend with the video off can have profound implications.

Impact on Team Dynamics Team dynamics thrive on open communication and collaboration.

When we choose to attend meetings with screens off, it can hinder the collaborative spirit. Nonverbal cues play a crucial role in gauging team morale, enthusiasm, and concerns.

A lack of visual presence may inadvertently lead to a disconnect among team members. I work with teams who increasingly talk about their siloed approach and many have never met in person. Recently I spoke to someone who has never ever seen the face of a colleague they have worked with in over a year!

Missing the Visual Context By turning off our cameras, we lose the ability to observe the listener’s body language and facial expressions. For anyone speaking in a meeting, these nonverbal cues provide valuable feedback helping us understand the way our messages are landing. Without visual cues, we might miss out on essential information, leading to potential misunderstandings and an increase in 18

Building Connection Face-to-face interactions foster a sense of connection, trust and engagement that is often challenging to replicate in a virtual setting. When screens are off, the personal touch is lost completely, making it harder to establish a rapport with colleagues.

Building relationships is not just about the words we exchange but also the unspoken signals that create a shared understanding.

Enhanced Engagement and Focus On the flip side, some argue that turning off screens can enhance focus by eliminating visual distractions. While this may be true to some extent, it’s essential to strike a balance. Encouraging active participation through visual engagement can create a more dynamic and inclusive meeting environment.

What if I don’t want to look at myself?!

Many of us find seeing one’s own face on screen as off-putting. After all, we wouldn’t go into a meeting with a mirror in front of us either.

This is especially pertinent for those colleagues with neurodiverse characteristics. If you do not like seeing yourself on camera, there is an option in your image to hide your camera view if this helps.

If you are not seen or heard in a meeting you are not present What is the point of attending a meeting where you are not visible?

If the host wants to keep you in the loop and you are being invited for that reason only, ask for the minutes and use your time doing something where you are going to add value!

Otherwise, join in and smile, be seen and grow your personal brand within your organisation. Your career as well as your self-esteem will thank you for it!

Let’s strive for a virtual environment where every participant feels seen, heard, and connected, contributing to more vibrant and productive meetings. So, the next time you consider joining a meeting with your camera off, remember the 7-38-55 Rule and the hidden dimensions of communication that may be lost in the absence of visual presence.

In conclusion, the decision to attend online meetings with screens off goes beyond personal preference. It has a significant impact on leadership, communication, collaboration, and team dynamics. While we navigate the challenges of virtual interactions, finding a balance that prioritises both verbal and nonverbal communication is key to fostering effective and meaningful connections in our new world.

birminghamlawsociety.co.uk

FEATURE ENVIRONMENTAL, SOCIAL, GOVERNANCE (ESG) – WHY DOES IT MATTER TO LAW FIRMS? manage their business in a manner consistent with the transition to net zero and how climate change risks may be relevant to client advice, solicitors’ professional duties and the solicitor/ client relationship.

The Law Society’s guidance demonstrates the subtlety and complexity of the challenges associated with climate change for the legal profession, introducing the concept of advised (or Scope 4) emissions. In this context, it states that the most significant greenhouse gas emissions associated with a law firm’s organisation are likely to be emissions associated with the matters upon which they advise, rather than the law firm’s own activities.

Although we anticipate further sectorspecific guidance in future, and potentially regulatory duties being introduced, it is already apparent that balancing clients’ needs and objectives against firms’ own environmental credentials (and duties) can be difficult and sensitive.

We all know that the Governance aspects of ESG affect law firms. That is nothing new. Law firms are used to navigating the increasing regulation, not least because of the responsibilities that come with holding client money writes Tom Bedford , partner in the Solicitors’ Risks practice at international law firm DAC Beachcroft.

Social issues In recent years, however, accelerated by movements such as “MeToo” and #BLM, social issues have become critical.

Whilst firms mostly recognise that having a workforce which reflects the diversity of our society is important, this has now become a business priority.

Clients increasingly expect firms to have strong Equity, Diversity & Inclusion (EDI) credentials. When firms get this wrong, it can lead to adverse publicity and make a firm a less attractive place to work. That can be damaging when, in our profession, our product remains, for the most part, our people.

Workplace culture is one of the latest issues in the spotlight for the Solicitors Regulation Authority (SRA). Although the Code of Conduct for Solicitors has included anti-discrimination rules for some time, the Regulator has been doing more recently, in preparation for the introduction of the new regulations dealing with toxic workplace environments. The SRA’s

proposals have now been adopted and will introduce an increased level of scrutiny which will affect law firms and potentially individuals. The SRA’s objective is undoubtedly, at least in part, to promote a culture within law firms in which ethical values and behaviours are embedded.

Toxic workplace culture can lead to a myriad of problems – from lack of supervision leading to negligence claims, so-called ‘moments of madness’ (such as forging signatures and backdating documents) which can lead to individuals being struck off, all the way through to sexual harassment and misconduct.

Where the SRA takes action in these cases, a financial penalty is not appropriate and its new Enforcement Strategy means that disciplinary matters will have to be referred to the SDT. Environmental issues In 2023, we have also seen, for the first time, a formal recognition of the impact that law firms can have on the environment.

On 19 April 2023, the Law Society issued guidance for its members to consider the way that they practise in the context of climate change. The SRA supports the guidance but it should not be interpreted as its regulatory position on these matters. Still, it remains an important development. The guidance is ambitious in scope, considering both how law firms and in-house employers

It can also lead to risk. The guidance highlights the fact that the solicitor’s duty of care may require us to look beyond the narrow scope of an instruction to consider whether, and to what extent, climate risks are relevant. Further, climate change may have an impact on the solicitor’s duty to warn clients of legal risks.

Insurance ESG has also become important in the context of professional indemnity (PI) insurance. Many PI insurers are supporting firms in implementing ESGfocused policies and procedures.

Firms embracing these changes could make savings on their premiums. The sense is that if a firm has strong ESG credentials, it is likely to be well-run, risks are more likely to be managed and, as a consequence, it is a better prospect for insurers.

As well as ESG issues now pervading the regulatory rules with which we need to comply, increasingly clients are becoming more selective about the sorts of firms they work with. As ESG continues to grow in prominence, we anticipate that clients will choose to work with firms that have a strong track record in this area, and will refuse to work with those that do not.

The latest edition of DAC Beachcroft’s Risk Register focusses on ESG and its implications for law firm.

Click here to download a copy.

@birminghamlawsociety

19

OPINION FIRM RAISES OVER £35,000 FOR CHARITY

donated to charities of their choice. The Birmingham team selected Coventrybased hospice, Zoe’s Place, to receive the £17,968 raised, which was matched by the firm to result in a total contribution of £35,936.

Zoe’s Place is a vital institution providing specialised care and support for babies and infants up to the ages of five. The hospice extends its services not only to the children, but also supports families through the staging of events and activities.

The Birmingham office for European law firm, Fieldfisher, will donate funds to its chosen charity, Zoe’s Place, as part of an annual company-wide programme supporting communities across the UK and Europe.

Launched in February 2023, Fieldfisher’s ‘One Firm Action’ initiative represents a sustained effort by the firm's international network to address local community issues and create a positive impact across the 12 countries it operates within.

The programme saw all of Fieldfisher’s 26 offices actively participate in fundraising efforts throughout 2023, to be

Unlike many healthcare facilities, Zoe’s Place operates with limited funding from central authorities and, as a result, relies on charitable donations to sustain its operations and provide the highest level of care and support to families in need.

Over the course of the year, Birmingham colleagues have engaged in a wide range of community-focused activities to work towards, and exceed, its £15,000 fundraising target. In addition to bake sales, car washes and book sales, the team has participated in a variety of events, from open water swims, to part of the Heart of England Way 160km walk and the Leicestershire Wolf Run.

LAW FIRMS FAILING TO MEET RESPONSIBLE BUSINESS EXPECTATIONS • •

• A new report suggests that almost all the world’s 125 leading law firms struggle to demonstrate the value they create for their wider stakeholders and fall short in meeting the responsible business expectations of clients.

The inaugural Lamp House Strategy Responsible Business Annual Report assesses law firms on 238 different responsible business activities across the areas of planet, people and governance. Whilst the average firm adopted 38 different activities, the leading firms adopted 82.

The report shows: • Just 22% of law firms publish a holistic responsible business report.

• 39% of firms do not show any effort towards supporting individuals with disabilities and/or neurodivergent people.

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• • •

Just one in five firms have stated targets for increasing the percentage of women partners.

96% of firms fail to demonstrate how they review clients and new instructions from their ESG perspective.

Only 32% of firms clearly apply ESG criteria to their supply chain.

58% of firms globally are not transparent with their pro bono commitment, rising to 68% in the UK. Only 26% of firms measure their Scope 1 and 2 emissions, with just 22% setting Net Zero targets.

US law firms, however, trail their UK counterparts on communicating governance measures and their commitment to the planet.

Canadian firms on average are the least transparent.

Lisa Hart Shepherd, CEO of Lamp House Strategy, said: “It is terrific to see all law firms doing something to demonstrate they are acting in a responsible way to their people, communities and the planet. Yet it is disappointing to see a general lack of transparency and commitment by way of measures, targets and reporting. Clients and talent want firms to step up in this area, and firms are simply not doing enough.”

CITY FIRM PUCKS A PARTNERSHIP WITH SOLIHULL BARONS Shakespeare Martineau has announced its sponsorship of the Solihull Barons ice hockey club for the 2023/24 season.

Initially formed in 1965, the communityowned Barons currently compete in Northern Division One and regularly hold charity games to raise money for Birmingham Children’s Hospital.

Shakespeare Martineau’s trainee conveyancing executive Philip Mulcahy has been a strong presence in the squad’s forward line since joining the club in 2017/18.

To celebrate the partnership, head of Shakespeare Martineau’s Solihull hub Andrew Smith, business development partner Michael Cracknell and new build sales manager Sarah Parker attended the Barons’ first training session of the season, viewing their newly-refurbished changing rooms and hearing from the club’s chairman about their community work.

Andrew said: “As a firm, we are always on the lookout for opportunities to make a positive difference in everything we do, and investing in the local communities we work within is part of parcel of our B Corporation accreditation.

“Community assets like the Solihull Barons ice hockey club not only works to raise essential funds for local charities, but it also provides talented individuals the chance to express themselves, including our very own Philip Mulcahy in our Solihull plot sales team.

“The team have got off to a flying start to the season, winning all but one of their fixtures, and with season tickets available to all our people to bring clients and colleagues along to watch, we look forward to continuing to support them rink-side in their upcoming fixtures.” birminghamlawsociety.co.uk

FEATURE ‘THE THREE MONTH CRUNCH’: HOW THE LEGAL PROFESSION IS FAILING AT MATERNITY LEAVE opportunities before going on maternity leave, but this drops sharply to 38% at the 3 month mark.

This data shows how women are not being supported effectively on their return to work; are being given less challenging or high-profile work (which likely stems from misconceptions around motherhood); and generally are not being reintegrated properly into their workplace environment.

What can be done?

Myself and co-founder Sarah Lyons are on a mission to empower lawyers embarking on motherhood, after our own experiences. There is much workplaces can do, if they start the heavy lifting right now: Maternity leave in the legal profession is broken. Ask any female lawyer you work with, and they’re likely to agree writes Hannah Bradshaw, CoFounder of parental coaching platform BlueSky. Young mothers in law face significant emotional and professional hurdles compared to other industries, and they are simply not given the support they need. All of this has dire consequences on career progression, job satisfaction, work allocation - and much more.

I know this from firsthand experience as a mother in law myself, but also through my work at BlueSky - where I work every day with women in law who are going through this experience in real time.

The unique issues of maternity leave in law One of the main drivers is the fact that the culture of long hours and constant availability is pervasive in law firms. This 'always-on' expectation can make striking a balance between professional responsibilities and family life extra challenging. Law is an industry where time equates to value, and stepping away - even momentarily - can be deemed as a loss of commitment or dedication.

The emphasis the industry still has on billable hours is partly to blame for this.

Working more efficiently means billing fewer hours, which means making less money for the firm. And so there's a unique issue in law for those with caring responsibilities who may be extremely

efficient and produce the same output as others, but struggle to match their billable hours where those colleagues aren't also juggling parenting and caring.

Meanwhile, the pathway to partnership in law firms is typically linear and timesensitive. PQE keeps running while women are off on maternity leave, and so they return one year more senior than when they left, with expectations of their performance which match this increased seniority and a charge-out rate to clients that has also increased. So, women return with higher expectations from others of their performance, but ultimately missing a year of experience to support it.

The Three month crunch - a black hole for women in law To truly put a spotlight on exactly how this manifests, we analysed data from 100 women on our BlueSky programme - a platform that connects women in law to group workshops and targeted coaching across maternity leave milestones.

Our most stark finding was a common experience of the three month crunch, where experience takes a nose-dive 3 months after returning to work.

Across the whole maternity experience, how much women in law feel respected and valued is at its lowest point, by far, at this point. The majority agree here that they have not returned to the quality of work they would expect, and just 1 in 4 (27%) say they feel positive about their return from maternity leave at this point.

Meanwhile, 72% feel positive about the work they’re allocated and whether they have access to career-enhancing

Implement a Robust Support System: Establish mentorship programs, peer support groups, and resources specifically tailored to help women navigate the three-month crunch point.

Foster Open Communication: Advocate for an open dialogue between returning lawyers and partners about their concerns, aspirations, and needs.

This could include regular check-ins or feedback sessions and career focused conversations.

Review Work Allocation: Reassess how work is allocated to returning lawyers.

Emphasise the importance of providing meaningful and challenging work that aligns with their skills and career goals.

Consider a specific strategy around allocating work that will get them back up to speed and bridge the gap in PQE and experience caused by maternity leave.

Promote flexibility, but not at the expense of quality work: Firms should offer flexibility to help women balance their professional and personal responsibilities and adjustment back. This could include remote work options, flexible hours, or job-sharing arrangements. But ensure that this doesn't impact quality work allocation or lead to assumptions about career aspirations.

Provide Training and Development Opportunities: Offer training sessions or workshops aimed at boosting confidence, enhancing skills, and reacquainting returning lawyers with any changes in the legal landscape.

The data is clear - there needs to be widespread change on how to handle maternity leave in law. We see every day how much of a difference these actions can make; why not start today?

@birminghamlawsociety

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OPINION

BIODIVERSITY NET GAIN: HOW CAN LAND DEVELOPERS BE READY FOR JANUARY 2024?

Part of the UK government’s Environment Act, the biodiversity net gain (BNG) legislation takes effect in January 2024.

It requires all land developers to “leave biodiversity in a better state than before” construction started. On each project, from January 2024, developers must create or enhance biodiversity by at least ten percent and maintain those biodiversity gains alongside construction for 30 years.

This is not just about legislation, though.

BNG is about doing the right thing for nature, the environment and the communities that enjoy their local habitats – everyone wins when biodiversity gains.

Biodiversity net gain for land developers: what the legislation says

has units that he can sell.

If you cannot create or buy sufficient biodiversity units then the last resort is to buy statutory credits from the government. You must provide evidence for using this option. The government will invest the money in habitat creation elsewhere in England.

You may be able to combine all three options to make up your BNG. Before embarking on any course, a developer should obtain legal advice to ensure that all the necessary steps have been followed. You will need to have your plans for biodiversity gain approved by your local planning authority before you start building.

Source: https://www.gov.uk/guidance/understandingbiodiversity-net-gain

You must try to avoid loss of habitat on a piece of land you plan to develop. If you cannot do this, you must create habitat either on–site or off–site.

Here’s how to prepare for January’s biodiversity net gain legislation

On–site means within the red line boundary of the development site. Off– site means either your own land away from the development site, or buying biodiversity units from a landowner who

Biodiversity net gain is a clear government expectation of developers to leave nature in a better state than before. The gain is measured against a pre-development baseline and

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Understand the requirements

achieved by creating new habitats, restoring existing habitats and improving habitat connectivity.

To be granted planning permission, every land development in England that affects the natural habitat must show it will add value to the environment, either on–site, on land allocated to the development or in biodiversity credits bought for the development.

Understand the biodiversity metric To calculate biodiversity net gain, the industry will use Defra’s biodiversity metric version 4.0 – and the small sites’ metric, here. These metrics measure the type, condition and size of habitats on a site and calculate its biodiversity value.

In doing so, you assess the impact of development on biodiversity.

To use the metric, your ecologist first needs to identify the habitats on your site, then assess their condition, using Defra’s criteria. Once you have done this you can then calculate the biodiversity score of the site using the metric’s calculation tool.

A practical problem for developers is birminghamlawsociety.co.uk

that there is a shortage of ecologists to do all these assessments and it is usually only possible to carry out a habitat survey during the spring and summer months. Landmark has therefore built two state-of-the-art screening reports the Landmark BiodiversityCheck and Landmark BiodiversityReport BIODIVERSITY REPORT to give you ata-glance analysis and a confidence rating for a site, using satellite data, , aerial photography and environmental datasets to help you with your due diligence in the assessment process.

Linking biodiversity protection to other local protection strategies (health, flood, recreation, and active travel) Ways to promote biodiversity generally

At a glance planning due diligence The metric also assesses the impact of development on biodiversity. To do this, you need to calculate the biodiversity value of the site before and after development. If the biodiversity value of the site is at least 10 % higher after development than before, you will have achieved biodiversity net gain. If the biodiversity value of the site is lower after development than before, then there is a net loss in biodiversity.

Understand habitat value The key to minimising the impact of construction on biodiversity is to carry out an ecological survey using the metric.

There will be some rare habitats that cannot simply be replaced or moved, so the aim is to protect them at all costs.

An ecologist can help you understand the existing biodiversity value of your development site and identify ways to mitigate damage and achieve that 10 percent net gain.

Onsite:

Protect mature trees and nesting sites Plant native trees, shrubs, hedgerows and wildflowers Create ponds, wetlands and meadows Install bat boxes, bird feeders and bee houses to enhance existing habitats Reduce the use of pesticides and herbicides Let some areas of the site grow wild Create green roofs and living walls Connect habitats with wildlife corridors Keep light pollution to a minimum to appeal to bats, owls and other nocturnal animals Offsite: Support local land trusts and conservation organisations Donate land to be used for conservation Purchase biodiversity credits from a habitat bank Volunteer your time to help with habitat restoration projects

applying for government or council grants or private investment, ensure you make the applications early, so you don’t hold up development, which might damage the process and the habitat.

Talk with local authorities and communities Work closely with local planning authorities to ensure your BNG plan aligns with their expectations and requirements.

By engaging in early discussions with them, you can avoid potential delays in the approval process.

Similarly, when you communicate your BNG efforts with the local community, conservation groups and stakeholders, you will have more success in getting them to support your vision. By drawing them into discussion, you get the people who will be living with the new habitat to be willing stakeholders.

At Landmark, to prepare for this exciting change in legislation, we have created legal and geodata-focused products that screen site-specific areas to determine opportunities for biodiversity gains. We recognise the need for quick, cost-effective due diligence in a competitive market, and we are aware of the additional pressures BNG will put on ecologists.

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Our unique polygon data provides an accurate representation of a Similarly, referencing the Living England habitat probability map, which uses locals about biodiversity evelopment’s potential impact forEducate easy the analysis and communication. geospatial datasets, satellite imagery and encourage them to protect and and field data records to plotincorporate English enjoy it andmark products now daily updates to planning data habitats, can give you a useful starting roviding the most current view of planning across Britain. point.

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All the data within wyers toone-size-fits-all assess a wide range ofto potential hazardsmeasures, on biodiversity for net gain. The best to achieve that ten per cent gain. Of report is supported by easy-to-understand guidance and ehalf of prospective purchasers. These include approach will vary depending on the Do you want to get ready for January course, implementing the plan can be next steps. ooding, ground contaminated land,toenergy site andstability, its surroundings.

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Manager orofsearch | How developers can prepare for insights to create a shortlist sites is provider.

Whatever the development, implement January 2024 webinar on demand. useful – as is securing funding early in the best practices of: development process.

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Being alert to native fauna and flora If, as the developer, you are funding Consulting ecologists to ensure the right the habitat creation or restoration, habitats are in the right places maintenance and monitoring, create 844 844 9966 | helpdesk@landmark.co.uk | landmark.co.uk/legal-conveyancing Communicating with local experts a clear, transparent budget. If you’re Sources https://www.rpsgroup.com/services/environment/ecology/expertise/biodiversity-net-gain/ & https://www.ts-p.co.uk/insights/biodiversity-net-gain-in-england-2/

@birminghamlawsociety

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REGULATION REPORT

COMPLIANCE TOP TEN TOPICS FOR 2024

What does 2024 have in store for us on the compliance front?

Jayne Willetts Solicitor Advocate & Bronwen Still Solicitor Consultant both of Jayne Willetts & Co Solicitors Ltd share ten of the most significant compliance issues for the coming year. Firms need to be aware of all these hot topics to ensure that their policies, systems, and procedures adequately deal with the current requirements and the planned changes.

1. Economic Crime & Corporate Transparency Act The Economic Crime & Corporate Transparency Act received the Royal Assent on 27 October 2023.

Space does not permit a detailed examination of this wide-ranging Act but its key features include: • Significant changes to the role of Companies House by reforming how companies report information.

• A new “failure to prevent fraud” offence whereby an organisation will be liable where a specified fraud offence is committed by an employee or agent for the benefit of 24

the organisation and the organisation did not have reasonable fraud prevention procedures in place.

• Reforms to prevent the abuse of limited partnerships; and • Measures to address strategic lawsuits against public participation (SLAPPS).

Obviously, the SRA will not itself investigate and prosecute the criminal offences covered by this new Act as that is a job for the police. However, the SRA is granted the power to issue unlimited fines for economic crime offences.

Section 207 provides that this power is granted to the SRA to use for breaches of the rules or professional conduct in relation to the “prevention of detection of economic crime” or “an act or omission which has the effect of inhibiting the prevention or detection of economic crime”.

One can anticipate cases where the threshold for criminal prosecution will not be met but the SRA will investigate the allegations dismissed by the police and possibly forge ahead with its new powers. Expert advice firms will be essential for firms who find themselves in this situation as the SRA will be unaccustomed to investigating these types of cases and the stakes are so very high.

2. The onward march of the SRA We have written before in this column about the expansion of the SRA and its powers. In July 2022 its fining powers were increased for traditional law firms and the individuals who work in them from £2000 to £25,000. As we see from the previous paragraph, the SRA now has unlimited fining powers for economic crime as a result of the Economic Crime & Transparency Act. There are signs however that the SRA’s push for additional fining powers in relation to economic crime might be the thin end of the wedge.

The SRA’s “mission creep” is apparent from a recent letter from the SRA Board’s Chair, Anna Bradley to the Justice Secretary, Alex Chalk MP, (responding to the issues arising from the Daily Mail sting on immigration solicitors), which raised the wider issue of the SRA’s fining powers. Whilst the letter acknowledged that the Bill would provide the SRA with unlimited fining powers in relation to economic crimes, Ms Bradley requested that these unlimited fining powers be given to the SRA in all cases of serious misconduct.

Coupled with this, Ms Bradley suggested that, although individual solicitors should face the SDT in cases birminghamlawsociety.co.uk

of serious wrongdoing, there should be nothing to preclude the SRA from also fining both the legal professional and their firm in parallel with SDT proceedings. Attached is a link https://www.lawgazette.co.uk/news/ mail-sting-sra-asks-government-forunlimited-fining-power/5116835.article We have also recently seen the proposals for CILEX members to be regulated by the SRA described as a “tidying-up” exercise by the SRA Chief Executive, Paul Philip. Added to this the SRA is keen to be appointed as the sole AML supervisor for legal services.

Whilst one can appreciate ambition in any organisation, it usually goes in hand in hand with high standards of service to the stakeholders that it regulates. Sadly, that is not the case with the SRA. Inordinate delays in dealing with investigations are the norm not the exception and are not helped by expanding the Code of Conduct to ever more delicate and subjective areas of internal law firm management. The final dent in the relationship between the profession and the SRA is the Axiom Ince debacle, with the SRA failing to explain what was known and when and how this catastrophe was allowed to unfold. Confidence in the SRA is at an all-time low – which regrettably sadly damages all who work in legal services.

One can predict that the SRA has its sights set on becoming the sole regulator for legal services – a type of Financial Services Authority for the law – the Legal Services Authority would no doubt be the name of the organisation. However, the SRA would do well to restore its reputation with its stakeholders before it takes another step on its onward march forward..

3. AML & financial sanctions compliance The heavy burden of AML compliance and compliance with the financial sanctions’ legislation continues. Whilst AML compliance is only required by those firms within the scope of the Money Laundering Regulations, all firms are subject to the financial sanctions’ regime.

On the AML front, the SRA recent inspections revealed 30% of firms fully compliant; 51% partially compliant and 19% non-compliant resulting in corrective or enforcement action.

As expected, conveyancing is the highest risk area.

climate-change/impact-of-climatechange-on-solicitors

Criticism was levelled by the SRA at firms displaying a “tick box mentality” as well as the use of “off the shelf” AML policies not tailored to firms.

What the SRA fails to appreciate is that for firms without inhouse compliance teams the purchase of policies from external advisers is often the only option. However, these policies still need to be developed into bespoke policy.

For most practitioners, particularly those that advise companies on legal and regulatory compliance, the most likely impact is on competence and the need to keep abreast of legislation concerning such subjects as emissions, discharges, off-setting and carbon credits. As well as a general legal duty to exercise reasonable care and skill, the Code of Conduct requires that solicitors are competent and that they keep their knowledge and skills up to date.

Failure to advise clients of relevant legislative obligations could result in both negligence claims, with an associated impact on indemnity insurance premiums, and SRA interest for failure to demonstrate the required level of competence.

(More on the general subject of competence appears below). The Law Society guidance points out that climate change issues may well be tangential to the main aspect of the client’s retainer but solicitors need, nonetheless, to be aware of them and the possible need to instruct experts as agents where they do not have sufficient expertise. At present, very few solicitors will be competent to advise on “green” issues so firms need to pay careful attention to their terms of business documentation as to exclude such advice from the retainer.

Firms should watch out for common AML breaches such as : • lacking or inadequate AML policies and procedures • non-compliance with firm-wide risk assessments • failure to carry out robust client and/or matter risk assessments.

• inadequate identification and verification of clients • failure to check the source of funds.

• poor staff training • little-to-no ongoing monitoring of transactions • not reviewing or updating AML policies on a yearly basis On the financial sanctions front, the SRA is increasing its focus to ensure that all solicitors are aware of their obligations and has issued guidance setting out risks and red flags and outlining what a good control framework looks like.

Over the next year, firms should look out for the SRA undertaking sanctions inspections and desk-based reviews to check how well firms are managing their risk and complying with the Office of Financial Sanctions Implementation licences.

4. Climate change guidance & effect on professional indemnity This may well be a subject that many firms had thought would affect them only in terms of their winter heating bills. However, the Law Society has recently issued guidance on the subject and how this may impact practice in different ways - https:// www.lawsociety.org.uk/topics/

The other subject which the guidance warns firms to be aware of is that of “greenwashing”, or making claims about green credentials where they are not supported by any, or sufficient, evidence. It might make good marketing material but must be accurate and not misleading. If your practice says it operates sustainable green policies, there needs to be clear evidence of this, otherwise this may lead to breaches of the Competition and Markets Authority’s guidance on environmental claims (the Green Claims Code) This warns: “Broader, more general, or absolute claims are much more likely to be inaccurate and to mislead. Terms like ‘green’, ‘sustainable’ or ‘ecofriendly,’ especially if used without explanation, are likely to be seen as suggesting that a product, service, process, brand, or business as a whole has a positive environmental impact, or at least no adverse impact. Unless a business can prove that, it risks

@birminghamlawsociety

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REGULATION REPORT falling short of its legal obligations.”

Again, there could also be a regulatory impact if claims are demonstrably false and a finding of this nature could lead to a failure to act with integrity (Principle 5).

5. First tier complaints handling – improvement needed!

The Legal Services Board reported during the year on research that it had commissioned using consumers and other stakeholders to gauge satisfaction with first tier complaints handling by firms https://legalservicesboard.org.uk/wpcontent/uploads/2023/07/Improvingservice-complaints-in-legal-services Evidence provided by the Legal Ombudsman (LeO) showed that: • in 1 in 4 cases accepted for investigation by LeO there was evidence to suggest that first tier complaints handling was inadequate.

• around 1 in 4 complaints are regarded by LeO as premature in that the complainant has not exhausted the first-tier process before escalating their complaint; and • Approximately 25% of firms have inadequate complaints handling procedures and/or fail to ensure that complaints are properly investigated.

Suggestions for improvement by those taking part in the Legal Service Board’s research included: • Develop a ‘Welcome Pack’ that could be shared at the beginning of the client provider relationship, thought to be more user friendly than a client care letter.

• Present complaints information in a more innovative way e.g., video, animation, illustration or using diagrams.

• Build the collecting and monitoring of feedback into business as usual.

• Customer service training: some suggested this could include training for all client facing staff.

One key finding was that firms did not do enough to nip complaints in the bud at an early stage and it is clearly commonsense to do so. Clients should feel sufficiently confident to speak up as soon as they have concerns and early action by way of response can prevent things escalating 26

and the relationship with the client deteriorating.

Having a transparent complaints handling process and ensuring that clients are aware of how to complain has long been a regulatory requirement. However, the LSB evidence suggests that many firms still need to up their game in terms of how they handle complaints.

6. Well-being – how will the SRA take this forward?

Mental health and well-being issues have now become embedded in the SRA’s regulatory regime with changes to the Code of Conduct which has added the following obligation: “You treat colleagues fairly and with respect. You do not bully or harass them or discriminate unfairly against them. If you are a manager you challenge behaviour that does not meet this standard.”

The new rule is accompanied by several guidance notes on how to embed the right culture within firms to ensure compliance. Key guidance can be found at https://www.sra. org.uk/sra/news/press/guidancewellbeing The rule is likely to become all pervasive and could emerge as part of any investigation when things have gone wrong within a firm, as well as forming specific allegations of breach by aggrieved members of staff.

At this stage it is unclear how this rule will be interpreted by the SRA in the many situations that it could potentially have application. A large part of the problem is going to be that people react differently to the levels of stress which often accompany legal practice and there will be differing views as to what might amount to bullying behaviour.

However, overall, the emphasis in all the guidance is on firms having the right workplace culture. This must start at partner level and apply throughout the firm. First and foremost, firms will need to have policies in place which demonstrate compliance and this will need to be carried through into everyday practice. Help with this can be found on both the SRA’s website and also LawCare’s website where there is helpful guidance for managers on the subject of bullying - https://www.lawcare.org.uk/getinformation/articles/10-practicalsteps-for-managers-on-workplace-

bullying Because this is relatively new territory, it will be worth watching out for evidence of how the new rule is interpreted by the SRA as cases proceed into the disciplinary process through the coming year. It is going to be particularly interesting to see how the potentially contentious obligation on managers to challenge noncompliant behaviour is to be applied.

What we do know is that these investigations will be time consuming for the SRA because victims and witnesses will be reluctant to cooperate because of the fear of ultimately having to give evidence in the SDT. As a result, the investigations will be significantly delayed and cause unfairness to those under investigation.

7. Competence This is a subject which the Legal Services Board (LSB) gave impetus to last year with a Statement of Policy on ongoing competence. It required regulators to set standards, determine levels of competence , ensure standards are met and to take action where they are not.

Although the need for competence is enshrined in the Code of Conduct for both individuals and managers, it is stated in very broad terms. Since the LSB picked up the baton on this subject, the SRA has set about defining more clearly what is meant by competence. This started with an updated Statement of Solicitor Competence last year which sets out headings covering the following: • Ethics, professionalism, and judgement • Technical Legal Practice • Working with other people • Managing themselves and their work The detail provided under all these headings can be accessed at https:// www.sra.org.uk/solicitors/resources/ continuing-competence/cpd/ competence-statement/ At the beginning of this year, the SRA provided a progress report and action plan on how it was taking forward the LSB’s objectives for regulators. Among the lengthy list of actions were thematic reviews to uncover competence related risks, reviews of training records, especially birminghamlawsociety.co.uk

in already identified high risk areas such as immigration advice, and an annual report on competence in the profession.

By August 2023, the SRA had produced a further report analysing vast quantities of information collected relating to solicitor competence, including from regulatory decisions, HM Land Registry data and LeO reports. This report also makes clear that in the coming year the SRA will be focussing on residential conveyancing, probate, and immigration. In relation to these areas of work, it will be carrying out competence-based inspections and will sample training records.

Firms can expect to see much more published on the subject of competence and need to keep abreast of SRA thinking. As a minimum, they should ensure that they have systematic training reviews for all staff and records to demonstrate that this is happening.

8. SRA Accounts Rules changes The SRA is intending to make three changes to the Accounts Rules which are currently being considered by the Legal Services Board. The deadline is 2 December 2023 so that the changes are almost certain to be approved by the LSB by the time this article is published.

• Taking money in advance of work being done – Rule 2.1 (d) – this amendment (part of the definition of client money) specifies that in order to transfer funds from client account into the firm’s office account, the bill or other written notification of costs, must be for costs that have already been incurred. But, and it is a significant but, firms can still agree an alternative arrangement with clients about where client money will be held and how that money will be used – see Rule 2.3 (c). So subject to notifying client of the risks which should include agreeing for fees or monies for disbursements to be paid in advance regardless of whether the work is completed and providing clients with appropriate information.

One can see that Rule 2.3 ( c ) “trumps” the proposed change to Rule 2.1 (d) so we end up at square one.

• Reimbursement for money spent on a client’s behalf – Rule 4.4 – the change will make it clear that there is no requirement to deliver a bill or

written notification of costs before moving money from client account in full or partial reimbursement of money spent by the firm on behalf of the client. So, firms will be able to reimburse themselves for example for Land Registry fees without issuing a separate invoice. Clients must, as always, be given full information about costs and this Rule does not apply unless firms have spent money in advance on a client’s behalf.

• Operating a client’s own account – Rule 10 - firms reported difficulties reconciling these accounts due in the main to problems accessing bank statements. The time limit for undertaking reconciliations will therefore be increased from 5 weeks to 16 weeks and will need to be signed off by a COFA or manager of the firm. Firms will also be required to maintain a central register of all clients’ own accounts. The SRA will monitor the new arrangements in conjunction with Office of the Public Guadian and is likely to conduct a thematic review of this area of work within the next three years.

9. Immigration This area of work is, and will remain, highly sensitive because of the Government’s pledge to “stop the boats” and reduce immigration figures. It hit the headlines over the summer with newspapers reporting evidence of certain firms advising clients on how to fabricate evidence in relation to asylum applications.

With this intense media focus, the SRA acted with unusual rapidity to intervene and close the offending three firms. The SRA also issued a Warning Notice on 27 September 2023 reminding firms of the importance of acting with integrity and honesty, upholding the rule of law and maintaining public trust and confidence. There was also a reminder about not abusing the court system by pursuing unsustainable appeals and by submitting poorly drafted applications.

This subject will inevitably remain under SRA scrutiny and is a likely topic for further thematic reviews, particularly as it has been highlighted as an area where competence issues have been identified. Firms working in this area would do well to remind all their staff about the importance of meeting SRA requirements, particularly the Principles and the relevant paragraphs set out in the Code of Conduct. These are all

highlighted in the Warning Notice https://www.sra.org.uk/solicitors/ guidance/immigration-work/ 10. Inhouse practice For many years solicitors employed inhouse got on with their work almost entirely untroubled by the attentions of the SRA. With increasing numbers of the profession now employed inhouse, the SRA has taken a greater interest in this form of practice. The scope of inhouse practice has also widened by changes to the rules which allow solicitors to be employed to provide unreserved legal services to the public through companies that are not SRA regulated. Previously it was only in very limited circumstances where this was permitted, such as in law centres.

The first indication that the SRA were looking more closely at inhouse practice was a thematic review, the outcome of which was reported in March 2023 - https://www.sra.org.uk/ sra/research-publications/in-housesolicitors-thematic-review.

Whilst generally the outcome of this review was positive, areas of concern were highlighted. These included: • threats to the solicitors’ independence, for example where the employer wanted to suppress information or act unethically where this conflicted with the solicitors’ regulatory obligations.

• inadequate time allowed to maintain competence through training; • insufficient policies, systems, and procedures to manage risks to compliance – and inadequate time allowed by the employer to produce them.

Although generally the result of the thematic review was positive, this is undoubtedly an area to which the SRA will return, particularly to review how solicitors are faring who provide services to the public through unregulated entities. There are obvious pressures in relation to this latter form of practice where employers will want maximum return for their investment.

Finally, inhouse solicitors are not immune from the disciplinary process as was evidenced by the highprofile case of Alistair Brett, the Times Newspapers’ inhouse counsel, who was suspended for acting with a lack of integrity.

@birminghamlawsociety

27

OPINION

YOUR ROADMAP TO LAW FIRM SUCCESS Why is legal practice management important, what impact does it have on risk and compliance, and how can your law firm drive efficiencies and maximise revenue?

Complete practice oversight: Keep track of practice, department or individual fee earner performance to understand how much billable work you’re doing and how much revenue you’re making.

Q: What’s the fastest route to inefficiency and chaos at your law firm?

A: Practice management… if it’s not handled effectively, that is.

Securely manage client money: Easily instruct your legal cashier to prepare monetary transfers, post bills, pay disbursements and carry out any other ledger transactions.

WHAT IS PRACTICE MANAGEMENT SOFTWARE? Practice management for law firms is essentially the art of keeping all the moving parts of a legal practice working seamlessly.

Improved efficiency: Streamline administrative tasks, automate processes, centralise information and ensure nothing falls through the cracks. This efficiency translates into time and cost savings for your firm.

It’s the combination of strategic, administrative and operational practices that optimise the day-to-day operations of a legal practice. Involving the efficient coordination of resources, people, technology and client services, effective practice management ensures that firms operate smoothly.

Know your legal clients: Carry out and record all due diligence checks to ensure your clients are who they say they are before you agree to take them on.

We’re talking about: • • • • • •

Client, case, and document management Automatic time capture Know your client checks Ensuring compliance and addressing risk management Managing legal accounts Customisable reporting suite

WHY IS IT IMPORTANT? We’re not exaggerating when we say that practice management is a “must have” for law firms aiming to thrive in today’s competitive legal landscape.

Well-managed law firms are better equipped to deliver exceptional client service, meet deadlines and communicate effectively. All leading to higher client satisfaction and retention.

Who doesn’t want those benefits?

THE BENEFITS OF PRACTICE MANAGEMENT SOFTWARE FOR LAW FIRMS There’s a whole host of great things about solid practice management systems Increased productivity: With tasks like document management, client communication, and scheduling simplified, you have more time to focus on core work—providing quality legal services.

Enhanced client satisfaction: Efficient practice management leads to better client service. Quick response times, accurate billing and transparent communication contribute to higher client satisfaction and loyalty.

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Secure client information: Store all client, contact and case information within your secure law practice management software database so that everything you ever need is at your fingertips.

Reduced risk: Robust compliance features help your firm meet regulations and ethical standards. This reduces the risk of malpractice, disciplinary actions and legal disputes.

Financial control: Proper accounting and billing functionalities ensure accurate financial records that reduce the risk of errors and aid financial planning.

Reporting and analytics: Valuable insights via reporting tools enable your firm to make data-driven decisions that encourage growth.

Scalability and adaptability: Practice management systems grow with your firm and accommodate the needs of a changing law practice – from solo practitioners to large organisations.

Competitive advantage: Law firms that implement efficient practice management systems often gain a competitive edge in the market by delivering better service and value to clients.

Time tracking and bill transparency: Accurate time tracking ensures fair and transparent billing practices, which in turn increases client trust.

Consistency and standardisation: Helping standardise processes, procedures and workflows to ensure firm-wide consistency.

WHY CHOOSE QUILL? Here at Quill, we’ve been getting law firms up to speed since 1978. We know what a painless software transition should

look like, we know how to convert data, and our mission is to use that knowledge to help law firms run their practice smarter and more effectively.

Quill delivers a flexible, friendly and scalable solution – taking the stress out of running your law firm while still remaining fully compliant. Cloud-based and robust, delivered by a Law Society affiliate partner, MyQuill offers a comprehensive dashboard overview of your practice so that you can focus on what matters most – building a more efficient, profitable, competitive and successful law firm.

Our software is trusted by over 750 small to medium-sized law firms in the UK and meets all rigorous regulatory requirements to ensure that you’re managing cases and monies correctly.

PRACTICE MANAGEMENT TOP FOUR TIPS We’ve covered how to avoid diabolical practice management systems, but what about the top tips? If you take anything away from this blog, make sure it’s the following: Tip 1: Actively encourage engagement from the whole team. All team members, from associates to partners, should use the practice management system as their go-to tool.

Tip 2: Tap into the insights of your practice management system’s data analytics to make smart decisions, keep an eye on performance and spot where you can do even better.

Tip 3: Let your practice management software do the heavy lifting. It takes care of all those tedious admin tasks, so your team can focus on what they do best – practising law and wowing your clients.

Tip 4: Make security a top priority by keeping your clients’ info locked up tight.

Keeping all your firm’s data secure not only fulfils ethical and legal obligations but also reaps significant benefits for your firm.

FURTHER READING ‘The complete legal practice management playbook: Your roadmap to law firm success’ is available in full as our latest eBook, covering everything from the evolution of cloud-based practice management systems, to potential pitfalls of software selection, to glossary of practice management terms, and more.

To download your copy, go to: www.quill.co.uk/resources/thecomplete-legal-practice-managementplaybook

birminghamlawsociety.co.uk

IT’S TIME TO WORK SMARTER, NOT HARDER.

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