Birmingham Law Society Bulletin May 2019

BULLETIN

THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY

RESIDUAL CLIENT BALANCES AND HOW TO DEAL WITH THEM

AI:

FRIEND OR FOE

?

MENTAL HEALTH

AWARENESS WEEK LINDEN THOMAS: BIRMINGHAM LAW SOCIETY'S YOUNGEST EVER PRESIDENT MAY 2019

ONE PROFESSION... ONE REGION... ONE VOICE

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THIS ISSUE

ADVERTISE HERE THE BIRMINGHAM LAW SOCIETY BULLETIN IS PUBLISHED BY FRASER URQUHART MEDIA. To advertise your business to Birmingham Law Society members call Fraser Urquhart Media on 0116 2533445 or email carey@fu-media.co.uk or kevin@fu-media.co.uk Editorial enquiries to info@fu-media.co.uk and editorial@birminghamlawsociety.co.uk

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 2019

CONTACT US Birmingham Law Society Suite 101, Cheltenham House 14-16 Temple Street Birmingham B2 5BG Tel 0121 227 8700 info@birminghamlawsociety.co.uk www.birminghamlawsociety.co.uk @birminghamlawsociety Officers April 2019 - April 2020 President – Linden Thomas – University of Birmingham Vice President – Inez Brown – Harrison Clark Rickerbys Deputy Vice President – Stephanie Perraton Squire Patton Boggs Hon. Secretaries – Chaitali Desai – Eversheds Sutherland & Sophie Samani – Shakespeare Martineau The Board 2019/2020 Chair: Regan Peggs Director: Karen Bailey Director: Caroline Coates Director: Laura Daly Director: Catherine Edwards Director: PJ Ellis Vice Chair: Professor Bernardette Griffin Finance Director: Ben Henry Director: Dee Kundi Director: Tony McDaid Ex Officio: Linden Thomas Ex Officio: James Turner Contact c/o Birmingham Law Society

INSIDE THIS ISSUE 4.

AGM: Birmingham Law Society’s new President, Linden Thomas

6.

Members' News. A round up of what's been happening at the Society and members' news.

Regulation Report. Jayne Willetts on residual client

12. balances and how to deal with them.

Practice. Life in the law can be challenging and 14. Best sometimes things can get on top of you- Lawcare.

16.

Best Practice. Judge Joseph A. Greenaway Jr Lecture Series On Law And Justice @ BCU.

18.

Point of View. The Unhappy Lawyer.

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22. Out of Hours. Bold prints for men and active eyewear.

Of Hours. Amplify shows us how to do corporate 24. Out hospitality with a difference of Hours. Sweet gets Sinister at Birmingham Museum 26. Out and Art Galleries. www.birminghamlawsociety.co.uk 3

PRESIDENT’S LETTER

environment. Yet we are not always very good at acknowledging the impact that this, and the other challenges that life throws at us, can have on our mental health.

One way in which Birmingham Law Society can support our legal community is by providing more opportunities to discuss this topic and to challenge the stigma around doing so. Therefore, we will be holding a series of initiatives commencing in Mental Health Awareness Week, which begins on Monday 13th May. I would encourage you to take a little time out to join in with these events and find out how we can be better at looking after ourselves and one another.

100 YEARS OF WOMEN IN LAW 2019 is the 100th anniversary of the Sex Disqualification (Removal) Act being passed, which paved the way for women to practise law. Whilst we have made much progress towards equality since then, we know that there is still some way to go. In 2017-18, 321 people were admitted as solicitors in the West Midlands. Of that number, 63.9% identified as female. In the same period, there were 2202 partners (or equivalent) in law firms within the region, of which only 30.4% were women and only 6.9% were women who identified as black or minority ethnic.

Throughout this anniversary year, I will be introducing a series of local initiatives which will enable our members to explore and address these disparities.

STRENGTH IN THE

COMMUNITY It is an exciting time to become President of Birmingham Law Society and I feel privileged to do so. I am very grateful to my predecessor, James Turner, for the dedication, enthusiasm and boundless energy that he has deployed for the benefit of the Society and its members over the last 12 months. We could not have asked for a better ambassador.

James, along with the talented and committed members of our Board and Council, our Officers, committee members and, of course, the staff team, have ensured, not only that we celebrated our bicentenary anniversary in style, but that as we turn 201, we are an active, dynamic and progressive organisation. I look forward to playing my part in continuing that good work over the coming year, supported by our Vice President, Inez Brown, and our Deputy Vice President, Stephanie Perraton.

What I enjoy most about working with Birmingham Law Society is being part of a community of lawyers. This Society bring us together as a group of people with a shared interest in the impact that our profession has on the rest of the world and the impact that the rest of the world has on our profession. It has been my experience that there is great 4 www.birminghamlawsociety.co.uk

strength and opportunity to be found in that community. When we connect and collaborate, we become more than the sum of our parts; whether that is in responding to consultations put forward by our regulators, or using our networks and our combined expertise to help uphold and develop the rule of law on the other side of the globe. Good things happen, in our own interests and in the interests of others, because we reach out beyond our own practices and work together through this Society.

SOCIAL MOBILITY A further area of potential inequality arises when we consider who gets to be a part of our community and who does not, by which I mean, who has the opportunity to practise law and who does not. Therefore, I will be working with members of the Society’s Equality and Diversity Committee and Student Committee to explore challenges around social mobility, access to the profession and ways in which Birmingham Law Society can help to ensure that we are a profession that is open to all those with the necessary skill and ability.

ACCESS TO JUSTICE Finally, I am looking forward to working for the benefit of my two chosen charities: Citizens Advice Birmingham and Central England Law Centre. Their work has informed my final theme, which is access to justice. I hope the coming year will give these organisations an opportunity to raise not only much needed money, but also awareness as to the incredibly It is that strength in community that I valuable work they do in enabling some intend to be the theme that underpins of the most vulnerable people in our and informs all of the other initiatives region to understand and enforce their that I hope to work on during my year as fundamental rights and entitlements. You President. So if you have ever thought, will be able to read more about both of “Birmingham Law Society isn’t for me” or the charities, as well as ways in which “I’d like to get involved but I don’t L-R Deputy Viceknow President – Stephanie Perraton, President – Linden Thomas, you can support their work, in future Viceto President Brown. where to start” I urge you get in– Inez touch editions of this magazine. with me. I guarantee that there is an opportunity with your name on it and that you will reap far more than you sow.

Turning then to the themes that I hope to focus on in the coming year.

MENTAL HEALTH AND WELLBEING There is an emphasis on mental health and wellbeing in this edition of the Bulletin. As lawyers, we work in a challenging and often highly pressurised

I hope you will find the above agenda to be timely and exciting, as the engagement of our members in these initiatives will be crucial to their success.

I look forward to working for and with you all in the year ahead.

Linden

PROFESSIONAL OFFICERS FOR 2019/2020 President – Linden Thomas – University of Birmingham Vice President – Inez Brown – Harrison Clark Rickerbys Deputy Vice President – Stephanie Perraton - Squire Patton Boggs Hon. Secretaries – Chaitali Desai – Eversheds Sutherland & Sophie Samani – Shakespeare Martineau

NEW COUNCIL MEMBERS ELECTED Mariyam Harunah Alice Kinder Pardeep Lagha Greg Lowson Lubna Shuja Poppy Wilkinson

Squire Patton Boggs Anthony Collins Solicitors Gateley Plc Pinsent Masons Legal Swan Gateley Plc

ANNUAL AWARD OF PRIZES The Society has made the following awards: Gold Prize Winner - Demi Luanne Hughes who holds a training contract with Squire Patton Boggs Silver Prize Winner - Katherine Jo Smith who holds a training contract with Squire Patton Boggs.

Bronze Prize Winner -Samuel Lane who holds a training contract with Talbots Law

UPCOMING EVENTS WELLBEING AT WORK (AND BEYOND) – MENTAL HEALTH AWARENESS WEEK 2019 14 May 2019 5.30PM – 8.00PM Serve Birmingham

MINDFUL: A FOUR WEEK BEGINNER COURSE 21 May 2019 12.15PM – 13.15PM, , (other dates: 28 May, 4 June, 11 July) St Philips Chambers ADVOCACY TRAINING 23 MAY 2019 *** LIMITED SPACES 23 May 2019 12:30 PM - 4:00 PM No5 Chambers Fountain Court Steelhouse Lane Birmingham, B4 6DR LINKEDIN FOR SOLICITORS, FEE EARNERS AND TEAMS WITHIN LAW FIRMS 5 June 2019 8.30AM – 12.00PM, (June session) Clarke Willmott Solicitors 138 Edmund Street Birmingham, B3 2ES NEW*** SOLICITOR ACCOUNTS RULES, HALF DAY, 26 June 2019 1.30PM – 4.45PM, Clarke Willmott Solicitors 138 Edmund Street Birmingham, B3 2ES ANNUAL COMPLIANCE UPDATE 2019 3 July 2019 1.30PM – 4.30PM Anthony Collins, 134 Edmund Street, Birmingham, B3 2ES

Herbert Willison Prize - Maya Stina Sigrid Segas who has secured a training contract with Mills & Reeve.

CONVEYANCING LAW UPDATE 2019 10th July 2019 12:30 PM - 4:00 PM Clarke Willmott 138 Edmund Street Birmingham, B3 2ES

Peter Nicholls Prize - Elizabeth Fiona Owen who has secured a training contract with Higgs & Sons.

LUNCH CLUB WITH NICK EASTWOOD, CEO WASPS, 12 July 2019 12.00PM – 1.30PM, Revolucion de Cuba

Award for 50 years of practice: Roger Hill 11/01/1969 Debating Competition Winners University of Law Charlotte Zako Rachel Bright Daniel Bates

ADVOCACY TRAINING 26 SEPTEMBER 2019 *** LIMITED SPACES 26 September 2019 12:30 PM - 4:00 PM St Philips Chambers 55 Temple Row Birmingham, B2 5LS

To book: www.birminghamlawsociety.co.uk or email: events@birminghamlawsociety.co.uk

THE BOARD 2019/2020 Chair: Regan Peggs – Regan Peggs Solictors Karen Bailey – Bailey Wright and Co – Equality and Diversity Director Caroline Coates - Membership Director, Past President of Birmingham Law Society Laura Daly - Sponsorship and Marketing Director, Associate, Irwin Mitchell Solicitors

Catherine Edwards - Learning & Development Director, Senior Practitioner in Law, Keele University PJ Ellis – Marketing Director, Lightbox Professor Bernardette Griffin - Vice Chair External Education Consultant Ben Henry - Finance Director, Partner, Jonas Roy Bloom Dee Kundi - Sponsorship and Marketing Director, Partner, VWV Tony McDaid - Board Director, Chief Executive and Director of Clerking, No5 Chambers

Eileen Schofield - Principal Solicitor, Schofield & Associates Linden Thomas – Ex Officio as President, University of Birmingham

James Turner - Ex Officio as Past President of the Society Partner, Tuckers Solicitors Birmingham Law Society is proud to work in partnership with our sponsors:

www.birminghamlawsociety.co.uk 5

NEWS

WELLBEING AT WORK MENTAL HEALTH AWARENESS WEEK 2019 14 MAY 2019 @ SERVE BIRMINGHAM

AWARD WINNERS DINNER Working in the legal profession can be challenging.

That challenge can be one of the best bits of the job, but we all have times when pressures of work or difficulties at home can lead to us feeling overwhelmed.

Join Birmingham Law Society this Mental Health Awareness Week for an evening seminar on mental health and wellbeing.

We are delighted to welcome a range of expert speakers, who will share Council and Board members wearing Green Ribbons to insights into how mark Mental Health Awareness Week. we can be better at looking after ourselves and our colleagues. There will also be an opportunity to hear from legal professionals about their experiences of managing their mental health, the challenges they have faced and the tools they have used to look after their mental wellbeing.

Hosted by Fazenda CEO Tomas Munier and Relationships and Events Manager Eleni Constantinou, the venue is a Rodizo bar and grill off Colmore Row - next to Gaucho. The restaurant has a lovely ambience - beautifully lit - fabulous level of service from the waiting staff. The evening started with a champagne reception which enabled our award winners to network and mingle prior to eating in the private events room.

The food was amazing - easily the best gaucho style cooking I have eaten in Birmingham. They put on a superb salad bar - not fair to call it a salad bar as that conjures up images of limp lettuce and not much else - this was the full mezze - you could have eaten that all night and been happy. Given the emphasis here is on meat they cater very well for vegetarians/ pescetarians with a separate menu - any of the meals on which I would happily have eaten. There were fourteen choices of meat served, all of which were superb - the venue will cook the meat well done for those who prefer. All the wines are South American - they served a Malbec which was as good as any I have tasted.

Tomas and Elenis hosted us all night, ate with us and were extremely good hosts. James Turner – President 2019 For reservations and event enquiries, contact Fazenda Birmingham’s rembirmingham@fazenda.co.uk

AI: FRIEND OR FOE?

Adam Bullion, General Manager Of Marketing, InfoTrack Whenever the words ‘Artificial Intelligence’ are spoken, rooms fall quiet and images of Blade Runner-like scenes are conjured in people’s mind.

Such dystopian views have been propelled by sci-fi films filling us with fears androids will take over the world and with it, human’s place in society. Whether you support selfdriving cars or embrace digital assistants, AI is technology that only continues to grow in the modern world.

6 www.birminghamlawsociety.co.uk

AI encompasses a plethora of functions, from machine learning to speech recognition and personalisation, fast becoming a feature of most digital services that often passes by unnoticed by users. As is usually the case when all goes well, we don’t notice anything.

However, disquiet around new technology isn’t a recent advent. Mathematicians were once fraught with concern around how the humble calculator would become a threat to their jobs, however the omnipresent tool is now built into every smartphone and most people wouldn’t dream of performing longhand calculations.

Just as the calculator created efficiencies for mathematicians and accountants, AI can free up time from process-based tasks for solicitors. The SRA recently published a paper reviewing innovations in technology within the legal sector. The report found AI will help with task-driven work, creating efficiency and gifting solicitors more time to focus on complex tasks. Increased productivity in administrative areas of the business enables firms to focus on the more human aspects of their firm, affording them more time to build relationships with their clients and their experience as it’s the human element of roles that AI will struggle to replace. While technology takes care of the nitty-gritty, you can provide a personalised service that will build your brand reputation and help your firm to grow.

It’s important to consider that we will take stepping stones towards implementing AI. At InfoTrack, our approach has been to take that approach in applying AI, implementing machine learning to our services to identify trends and patterns, ultimately working toward returning searches to our clients faster, leading to greater client satisfaction.

Allowing AI to become part of your business strategy in any of its various forms shouldn’t be perceived as a threat, but instead embraced to allow roles to grow into more fruitful human-centric functions, giving rise to greater customer satisfaction, not the rise of the robots.

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NEWS

THE LAW SOCIETY EXCELLENCE AWARDS

IBIZA COMES

TO BRUM

The Excellence Awards showcase outstanding work by firms and individuals in the legal profession across England and Wales.

Skyline Symphonica: a 25-piece orchestra takeover Level 25 of The Cube playing Ibiza club classics matched to an unrivalled threecourse menu, on Sunday 26 May and Birmingham Law Society members can get an amazing 20% off the price of tickets.

This year you can choose from 22 categories, including team awards such as Excellence in Private Client Practice and Excellence In-house, alongside individual awards such as Woman Solicitor of the Year and Junior Lawyer of the Year. Plus, new for 2019 is a brand-new category: Excellence in Access to Justice. With so many categories to enter, there’s a place for everyone to shine.

HELP TO COMPILE A WINNING ENTRY Visit the Excellence Awards website – www.lawsociety.org.uk/excellence-awards – for a wealth of advice to help you compile your strongest possible entry, including guidance notes, top tips, advice from Excellence Awards judges, and answers to frequently asked questions.

WHAT OUR WINNERS SAY "I absolutely thank you for giving me the opportunity to show my staff how amazing they are." Glynis Wright, Glynis Wright & Co Family Solicitors, Winner, Law Firm of the Year - Small 2018 "I would certainly encourage others to enter the awards, it's been really good for raising

our profile and for boosting morale generally in the firm." Rachel Roche, Roche Legal Winner, Sole Practitioner of the Year 2018 “I hope that my profile and recognition by the Law Society as Junior Lawyer of the Year will encourage people from diverse backgrounds to enter law and pursue their ambitions.”

Ahmed Aydeed, Director, Duncan Lewis Solicitors Ltd Winner, Junior Lawyer of the Year 2017 DON’T MISS OUT Don’t miss out on this opportunity to represent the midlands on a national stage. Nominations are free and close at midnight on Friday 3 May 2019. You can enter online at www.lawsociety.org.uk/ excellence-awards.

Bringing Café Mambo vibes to Marco Pierre White’s, Skyline Symphonica will be playing the classics from the late nineties and early noughties for one-night-only. While Higher House’s top DJs play the finest Balearic beats, Elegant Entertainment’s spectacular 25-piece orchestra and finest vocalists will accompany the tracks, adding unprecedented dimensions to all your favourite tunes.

The only thing to remind guests that they aren’t on the Ibizan beach will be the breath-taking 360 degree panoramic views of Birmingham.

As well as feasting their eyes on the unparalleled view, those in attendance will be able to sit down to a delicious three-course dinner. Inspired by the tastes of summer, Marco Pierre White's executive chef will be creating a bespoke menu.

Once the meal is finished, the fun continues in the evening session; the orchestra will be carrying on the tunes as Level 25 transforms into a three-room after-party. With an additional DJ room in the Champagne Bar and a Chill-Out Lounge, there’s plenty to keep the party going until the early morning.

MEMBER

OFFERS Birmingham Law Society members recieve a 20% discount on tickets. o redeem the offer, all you have to do is type in LSOCIETY20 ar ordering.

A big thank you to Eileen Schofield who steps down as Chair of the Board after a 3-year post. Eileen has put in a tremendous about of time and effort into the Society over the years after taking up the post since becoming President in 2014. Regan Peggs takes over on the 1 May 2019. Photo: Regan Peggs, Eileen Schofield and Becky Lynch 8 www.birminghamlawsociety.co.uk

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DOING JUSTICE: A PROSECUTOR’S THOUGHTS ON CRIME, PUNISHMENT AND THE RULE OF LAW Preet Bharara expertly weaves reallife stories of law and disorder into a compelling examination of our collective understanding of justice.

This is no greatest hits parade of a prosecutor boasting about the bad guys he’s locked up; it is a clarion call for the rule of law, bursting with humility and humanity.

A desire for fairness – to suspects and defendants as well as the victims – is the touchstone for every chapter; a vital and urgent contribution in an age when established principles of justice and the rule of law are under attack across the world. I read this book as a junior lawyer and thought to myself, at every page, this is the kind of prosecutor I want to be when I grow up’ – The Secret Barrister Multi-million-dollar fraud. Terrorism.

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For eight years Preet Bharara, United States Attorney for the Southern District of New York, successfully prosecuted some of the most highprofile crimes in America. Along the way he gained notoriety as the ‘Sheriff

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This is not just a book about the law. This is a book about integrity, leadership, decision-making and moral reasoning – and one that teaches us how to think and act justly in our own lives.

Published by Bloomsbury, Doing Justice is out now in hardback from all good book sellers.

BIRMINGHAM LAW SOCIETY HONOURED. On the 29 April 2019, the Civic Society awarded the Society the honour of a history plate in respect of the BLS building at 8 Temple Street which marks our building as one of significant historical interest. This is an exceptional accolade for BLS especially as the award was granted during our Bicentenary year in 2018.

Photos from a formal unveiling that took place on 29 April 2019 at Revolucion de Cuba at 5pm.

www.birminghamlawsociety.co.uk 11

REGULATION REPORT

(e) keep a central register in accordance with rule 29.22.

The most time consuming aspect of this process is the need to make reasonable attempts to return the money to its rightful owner. The SRA guidance says that the extent of the investigations required by the firm to find the client will depend on:

RESIDUAL CLIENT BALANCES AND HOW TO DEAL WITH THEM Jayne Willetts, Solictor Advocate at Jayne Willetts & Co Solicitors

Residual client balances are a perennial problem for many firms especially those who undertake a significant amount of private client work. Clients failing to leave a forwarding address or disappearing without trace can add administrative burdens to the daily workload.

The balances must continue to be held unless a firm satisfies the conditions for withdrawal in the SRA Accounts Rules.

Meeting these conditions can involve many hours of work by the firm’s Finance Team as well as by fee earners and partners. It is sensible, therefore, to keep the number of these residual balances to an absolute minimum.

Prevention is better than cure so here are a few tips to avoid the problem. The first is the simple measure of making sure that clients are informed in the client care letter or terms of business of the importance of updating the firm of any change of contact details.

Secondly, it is a requirement of the Accounts Rules that where money continues to be held for a specific purpose after the end of a matter, the client must be told and the reason for the retention explained. At this point, it would also be sensible to remind the client of the importance of keeping the firm informed of any new contact details. Finally, the rules also require that if money continues to be held in this way the client must be notified at least every twelve months that the money is still held and the reason for this retention. Again, a good opportunity to prompt the client about contact details.

12 www.birminghamlawsociety.co.uk

Despite steps being taken to retain contact with clients, circumstances will undoubtedly arise where balances are held and this client money must ultimately be dealt with. Rule 20(1)(j) and 20(2) of the Accounts Rules set out the requirements. The SRA has also issued guidance which supplements the rules -www.sra.org.uk/solicitors/code-ofconduct/guidance/guidance/Withdrawal-ofresidual-client-balances.page If the money held for a client exceeds £500, then an application to transfer it must be made to the SRA. Similarly, if the amount is £500 or less but the firm wishes not to pay it to charity, an application must also be made to the SRA. This is likely to arise if there are outstanding costs due to the firm and the delivery of a bill has proved impossible because the client is no longer contactable.

In both circumstances, the firm will be required to demonstrate that it has taken adequate steps to identity the owner of the money and to return it.

Where sums are £500 or less a firm must comply with rule 20.2 before transferring the money. This requires that the firm must: (a) establish the identity of the owner of the money, or make reasonable attempts to do so; (b) make adequate attempts to ascertain the proper destination of the money, and to return it to the rightful owner, unless the reasonable costs of doing so are likely to be excessive in relation to the amount held; (c) pay the funds to a charity; (d) record the steps taken in accordance with rule 20.2(a)-(c) above and retain those records, together with all relevant documentation (including receipts from the charity), in accordance with rule 29.16 and 29.17(a); and

•

the age of the residual balance;

•

the amount held;

•

the client details available in respect of a balance and

•

the costs associated with a particular tracing method.

Clearly, the larger and more recent the balance the more extensive the enquiries that will be required. The SRA suggests enquiries which should be considered include social media, newspaper advertising or the use of a tracing agent, internet searches, directory enquiries, electoral register searches, the Department for Work & Pensions letter forwarding service and a Companies House search. It is important to remember that firms have no legal authority to deduct costs incurred in tracing the client from the client money. The SRA may permit some expenses to be deducted from client money but only after the application is made to the SRA not before.

If these searches are unsuccessful, it is important that the steps that have been undertaken are recorded and that a central register of balances dealt with in this way is maintained. This is required by the rules. If the SRA has cause to visit your firm because of, for example, a qualified accountants report, it is likely that they will ask to see a record of how any such balances have been dealt with.

On 25 November this year, the new SRA Standards and Regulations will come into force. There are two interesting changes to the new Accounts Rules which might affect the issue of client balances held after the client matter has completed. The first is that there is no longer going to be any obligation to keep the client updated at least every twelve months when client money continues to be retained for some legitimate purpose.

Whether firms will want to continue to do this will, therefore, be at their discretion. It might, however, be a useful way of retaining contact with the clients concerned.

Secondly, the new rules have removed all the detail about how money can be transferred where contact is lost with the client. The new rule 5.1 (c) simply says that this money can only be withdrawn “on the SRA’s prior written authorisation or in prescribed circumstances”. At present we do not know what these “prescribed circumstances” will be. It is probable that they will be the same or similar to those set out in the current rule 20.2 but COFAs and those with responsibility for Accounts Rules compliance need to watch for further guidance from the SRA on this particular topic.

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LawCare is an independent charity offering emotional support to legal professionals in the UK and Ireland through our helpline, peer support network, website, and training and talks to legal organisations. We’ve been supporting lawyers for 21 years.

We raise awareness of wellbeing issues across the legal community and tackle stigma surrounding mental health.

Our free and confidential helpline is a safe place to talk without judgement, 14 www.birminghamlawsociety.co.uk

with calls answered by trained staff and volunteers who have first-hand experience of working in the law. Last year we responded to over 900 calls.

As well our helpline, LawCare offers one-to-one peer support. We have a network of Peer Supporters, people who work in the legal profession who may have been through difficult times themselves and can offer one-to-one support, friendship and mentoring to helpline callers referred to them.

We have visited hundreds of legal workplaces over the years and we have listened to thousands of legal professionals tell us about the stress, anxiety and depression they are experiencing, which is often caused or exacerbated by a difficult working environment. Lack of support or supervision, an overly critical manager, being undermined after a career break, an unreasonably heavy workload, long hours and sleep deprivation are all very common issues.

Whether you’re support staff feeling burnt out, a young trainee being bullied, a student struggling

Momentum around mental health and wellbeing in the legal community has been particularly growing in the last few years, with many firms now rolling out wellbeing initiatives and providing training to staff in this area. Firms need to do their best to create a healthy and happy place to work, not just because it is the right thing to do but because there is a strong proven business case for it.

Happier workforces are more productive and less likely to make mistakes. Stress contributes to raised levels or cortisol and other hormones, which negatively affect the brain’s ability to function and process information.

Lawyers experiencing stress, anxiety or depression can find it difficult to concentrate, pay attention to detail or interact with colleagues. In addition regularly getting less than 7 hours’ sleep has been shown to have a significant negative impact on performance.

Judgement and decision making skills are often affected by stress, as well as an ability to manage time effectively which can in turn impact on competence.

For more information on what LawCare does, how we can support you in creating a mentally healthy workplace and for additional information, resources and factsheets visit www. lawcare.org.uk If you need emotional support call our helpline on 0800 279 6888.

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BEST PRACTICE JUDGE JOSEPH A. GREENAWAY JR LECTURE SERIES ON LAW AND JUSTICE: GLOBAL CONSTITUTIONAL DIALOGUE The Birmingham Law Society, supported by UKUOffer, recently partnered with Birmingham City University’s School of Law and Centre for American Legal Studies to establish the Judge Joseph A. Greenaway Jr. Lecture Series on Law and Justice.

The School of Law at Birmingham City University has been teaching and researching the law of the United States for nearly 25 years. In that time, the School has generated a diverse portfolio of US-focused research activity.

This activity includes contributing to Amicus Briefs filed in the US Supreme Court; providing training for Amicus; undertaking a Leverhulme Trust/ British Academy funded study of compassionate release procedures across the USA; and preparing Stakeholder Reports that focus on the USA for submission to the United Nations’ Universal Periodic Review.

The School has research partners across the globe, including lawyers, judges, scholars, non-profit organisations, and government departments. It has also developed a suite of cutting-edge American Law Modules, including modules in US Constitutional Law, American Criminal Procedure and Evidence, and American Legal Practice - the name is given to the School’s American Internship Programme - which prepares students to undertake a work experience placement in the USA. To date, this programme has supported hundreds of students 16 www.birminghamlawsociety.co.uk

to gain valuable skills-enhancing work experience in the USA. The module’s placement network includes innocence projects, public defender offices, private law firms, the Law Library of Congress, and judicial chambers.

In 2012, the School of Law established the Centre for American Legal Studies and the British Journal of American Legal Studies to celebrate this activity.

In celebration of approaching 25 years of American Legal Studies at BCU, the Centre for American Legal Studies wanted to establish an event that brought together the local, regional and global legal community to engage in a global constitutional dialogue. It was therefore delighted to partner with Birmingham Law Society, supported by UKUOffer, to establish the Judge Joseph A. Greenaway Jr Lecture Series on Law and Justice.

Judge Greenaway received his commission from President Obama as the sixty-second jurist appointed to the United States Court of Appeals for the Third Circuit on February 12, 2010. Judge Greenaway was sworn in on February 24, 2010. He sits in Newark, New Jersey. Judge Greenaway earned his B.A. in history from Columbia College in 1978 and graduated from Harvard Law School in 1981. Judge Greenaway has long supported the Centre for American Legal Studies, including hosting interning students, and sitting on the Editorial Board of the British Journal of American Legal Studies.

Opened by BCU Vice Chancellor, Professor Philip Plowden and BLS President, James Turner, the inaugural lecture – held on March 21, 2019 – was a spirited event, bringing together students, practitioners, and scholars from across the UK and international community. Judge Greenaway delivered his inaugural lecture titled - 'Speak at Your Peril: Miranda and the Right to Silence’, which wove together a genealogy of the constitutional right to silence in the US. Mr Mark George QC and Mr. Justice Julian Knowles QC then responded to the address, drawing comparisons with the development of the caution and adverse inferences in English law, and sharing their experiences as advocates in English courts. Ms. Ada Bosque from the US Department of Justice then made observations about law as a vehicle for achieving justice.

Following this, the audience engaged in a Q&A with Judge Greenaway, and proceedings were closed with a reception supported by students from the Royal Birmingham Conservatoire.

The series will be a biennial event, with the next lecture scheduled for 2021.

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POINT OF VIEW

THE (UN)HAPPY LAWYER?: SOME THOUGHTS ON WELLBEING AND MENTAL HEALTH IN THE LEGAL PROFESSION • the transition from legal education and training to a career in law, where we are seeing an increasing focus, exemplified by the work of the City Mental Health Alliance and Student Minds, on how wellbeing and mental health agendas are central to ensuring lawyers ‘thrive from the start’; • concern about the competitive culture of much of legal practice and education and, linked to this, poor work-life balance and the need for often long and unpredictable hours; • the personality attributes of those who enter and teach law, where we see ideas of a legal profession somehow replete with ‘insecure overachievers’, widespread ‘imposter syndrome’ and tendencies towards competition and perfectionism; • the urgent need for adequate line-manager training in dealing with mental health matters, a marked theme in studies of junior lawyers, and, as the JLD surveys show, for adequate support and education and training in mental health literacy; and A growing body of international and UK based research suggests the legal profession has a problem in relation to wellbeing and mental health.

The recent 2019 Junior Lawyers Division (JLD) Resilience and Wellbeing Survey paints a troubling picture of the levels of negative stress and mental ill-health experienced by junior lawyers; and interviews with lawyers conducted by the author support the claim that particular problems can be faced by law students, junior lawyers and paralegals in navigating the often tortuous (and, the AUK study suggests, anxiety inducing) route to qualification as a lawyer. At the same time UK university law schools are seeing increasing concern around the wellbeing of their law students against the backdrop of substantial evidence of poor mental health across the university sector. It is a sign of how resonant this subject has become that the wellbeing of lawyers is the focus of extensive discussion across the legal professional and national press and within an array of research studies and reports on lawyer mental health. It is also firmly on the agenda at the forthcoming Future of Legal Education and Training Conference 2019.

What, however, if anything, ‘connects’ these discussions about wellbeing across the legal community? It is important not to generalise and there is, on closer examination, no one ‘wellbeing problem’ in law.

Rather, this is a debate marked by differences and similarities, change and continuity. The factors contributing to poor lawyer wellbeing and the concerns of, say, the corporate commercial lawyer, ‘High Street’ and sole practitioner, criminal law barrister, law centre, legal aid or in-house solicitor and legal executive are by no means the same. The pressures associated with client demands, concerns around vicarious trauma and the impact of the form of billing of much legal work are more acute in some areas of law than others. Studies of Wellbeing at the Bar, meanwhile, depict complex and multi-layered forces impacting on the wellbeing of barristers working across different areas of law. Our specific experiences of a career in law are themselves shaped by factors such as age, life course and background, with questions of social class, gender, race and ethnicity, sexuality, disability and health each influencing how wellbeing is understood within specific legal workplace contexts. It is notable, for example, that research suggests there are gendered differences in men’s and women’s experiences of - and willingness to speak about - poor mental health in the workplace, raising questions about how to better engage senior men in the profession in advancing this wellbeing agenda.

Nonetheless, certain themes tend to recur across the breadth of the profession. These include, and are not confined to: • the prevalence of a cultural stigma around the disclosure of mental health problems in the law; • how wellbeing connects to issues of emotional competence in legal practice, with clear implications for regulators such as the Bar Standards Board and Solicitor’s Regulation Authority; • the place of emotion in the traditional university law degree, what it means to learn to ‘think like a lawyer’ - and about the value legal education itself places on intrinsic and extrinsic rewards (with the suggestion that a focus on the former, and not the latter, is more beneficial to subjective wellbeing); 18 www.birminghamlawsociety.co.uk

• the impact on lawyer wellbeing of what are, in some cases, uncivil and corrosive workplace cultures, including concerns around bullying, harassment and discrimination in the profession.

This may seem, at first, to be a somewhat bleak depiction of ‘unhappy lawyers’ struggling with diverse pressures and demands. Yet it is also important in discussing lawyer wellbeing, research suggests, to recognise the many joys, rewards, pleasures and challenges of a career as a lawyer; how high levels of job stress can itself coincide with high levels of job satisfaction. Certainly, and looking to the cohort of law students in universities coming through each year, there is no shortage of new recruits to the profession.

The issue, therefore, is what can be done? The problem appears to remain that across much of the legal community, all too often, poor wellbeing is seen as just part of ‘how things are’. This is reflected in the argument that ‘when push comes to shove’ the bottom-line of client satisfaction will ensure that working practices recognised as being harmful to health will be seen as ‘going with the territory’ of being a lawyer. This is a view that needs to be challenged. At the present moment a wide array of initiatives have been introduced across the legal profession, beyond the scope of this discussion, seeking to better support lawyers, bring about culture change and address practices deleterious to lawyer health. Much has changed.

The danger remains, however, that this is a debate in which the core focus is often on encouraging individual lawyers to do something about their own wellbeing. One result is to frame the responsibility to tackle these problems in such a way that attention is diverted from the very working structures, cultures and practices and so forth that are producing these experiences of poor lawyer wellbeing in the first place.

This can legitimate in the profession a “ticking the box” and superficial approach to wellbeing rather than a focus on questions of substantive and longer lasting change.

Why, ultimately, is this issue important? This is a conversation that is not going to go away. Underscoring the debate about lawyer wellbeing are difficult questions about how law firms respond to evidence of a far greater awareness of the complex interactions between mental health and the workplace; of the need to work in more effective, efficient and safer ways; and, looking to generational shifts in attitudes, of the greater willingness of Millennials and younger lawyers especially to be open about mental health issues.

In the context of a rapidly changing profession and marketplace for legal services the very idea of ‘wellbeing’ has itself become part of what it now means to be a good employer and provide a first-class service to clients. The trouble is, however, that for all recent welcome interventions the perception on the part of many lawyers ‘on the ground’ may be of a marked gap between genuine and well-meaning commitments to improving lawyer wellbeing and the causes of their actual distress.

Richard Collier is a Professor of Law at Newcastle University and has received funding from the Leverhulme Trust and Anxiety UK (AUK) to research wellbeing in the legal profession. He is currently writing a book on the subject for Cambridge University Press. Richard is a member of the Legal Professions Wellbeing Taskforce. *Author email richard.collier@ncl.ac.uk

Twitter: @richardscollier

OUT OF HOURS

COUNTRY CHIC

1 20 www.birminghamlawsociety.co.uk

NEUTRAL GEAR

2

3

Team this season’s neutral trend with co-ordinating accessories for a look that’s straight off the catwalk. Here’s our pick of the SS19 must-haves from Harvey Nichols Birmingham.

Acne Studios mélange wool scarf, £110.

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Adidas Originals Falcon blush leather trainers, £110.

Malone Souliers Daria 100 elaphe and leather

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pumps, £545.

Givenchy GV3 small leather shoulder bag, £1,590.

Olivia Burton Watercolour Florals rose gold-plated watch, £80.

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Saint Laurent Jamie medium leather shoulder bag, £1,710.

Stella McCartney Falabella reversible canvas tote, £720.

7 8 9 Toino Abel sand straw top handle bag, £150.

10 Valentino Garavani Uptown ivory top handle bag, £1,950.

11

Valentino Garavani Rockstud 100 studded leather pumps, £650.

1: Ruffle tank top Scotch & Soda £54.95 White summer skirt French Connection £95 at House of Fraser. 2: Gingham Midi Dress, £55 Oasis 3: Rope Tie Heeled Sandals, £45, Wallis. 4: Jacket, £180, V by Very 5: Bon Bon Retro Daisy Pleated Neckerchief Scarf, £15, Accessorize 6: Ava cropped embroidered gauze top, £110, Free People. Harvey Nichols 7: Mini Marcie Saddle Bag, £675, Chloe. 8: Cowboy Boots, £30, Tu. 9: Patch Bag, £37, Accessorize. 10: Gingham Top, £25. V by Very 11. Brown Belt, £TBC Alberta Ferretti.

Accessories featured are available from Harvey Nichols, The Mailbox and online at harveynichols.com. www.birminghamlawsociety.co.uk 21

OUT OF HOURS

GO BOLD! Vegas Print Shirt, £28, River Island Jack Printed Linen-Blend Shirt, £110, ONIA

Camp Collar Paisley-Print CottonCanvas Shirt, £250, Dunhill

Floral Shirt, £34.99, TK Maxx

Panda Shirt, £575, Dolce & Gabbanna

Leopard Print Floral Shirt, £45, Jaded

‘Orion’ Slim Shirt, £45, Twisted Tailor

Brown print button-down shirt, £28, River Island

ACTIVE EYEWEAR Struggle with your eyewear during your morning jog or cross country trek? Article One has partnered with Tracksmith Running to produce the first vintageinspired technical running frame that’s built to meet the needs of the most gruelling long-runs, The Charles is the result of both brand’s desire to create something equally engineered and elegant.

Made using TR90 polymer plastic, an incredibly lightweight and hypoallergenic material made to hold its shape after contouring to your face, the Charles features silicone nose pads to grip and hold - with a wire core skeleton runners can squeeze tight during a workout, and let loose afterward.

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INSPIRING GIRLS TO REACH THEIR FULL POTENTIAL Edgbaston High School, a selective independent school for girls, offers an excellent 21st century education to pupils in Birmingham and the surrounding areas.

Admission into Year 7 is based on an Entrance Examination and interview, with 75 places available for September 2020. The Year 7 Entrance Examination will take place on Saturday 22 October 2019.

Dr Ruth Weeks, Headmistress, said: “With over 140 years’ experience to draw upon, we are experts at educating girls."

“You will find a very warm welcome at EHS, and we encourage all girls in Year 5 to join us to see the difference an EHS education can make.”

“The individual is at the heart of provision at EHS. Our aim is to help develop happy young women who have confidence and resilience, and achieve fantastic personal results.

Standards are high here and whilst academic excellence is a key feature of life at EHS, we are equally committed to inspiring all of our girls to develop a well-rounded character, and the skills that will take them beyond EHS and into the modern world."

“In addition, our extensive programme of extracurricular activities, wide-ranging trips abroad and flourishing music, drama and sporting opportunities encourage girls to develop their talents and explore interests outside the classroom."

Parents and their daughters are invited to attend the Senior School Open Evening on Thursday 27 June 2019, 4.30 - 7.00pm.

Book your place via the Admissions Office admissions@edgbastonhigh.co.uk or 0121 454 5831.

The school is now accepting registrations for September 2020 entry to Year 7.

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OUT OF HOURS

HOW TO DO CORPORATE HOSPITALITY WITH A DIFFERENCE

Sally Walder is General Manager at Amplify, the NEC Group’s premium live events hospitality business and the official hospitality provider for Resorts World Arena and Arena Birmingham. Amplify recently won Greater Birmingham Chambers of Commerce business of the year, and their reputation for delivering unrivalled live entertainment experiences has led to more people are wanting to try Amplify than ever before. Here, Sally talks about how Amplify can provide an exciting alternative to the traditional corporate hospitality options.

We all know how effective corporate hospitality can be as a tool for retaining business and rewarding employees.

Providing a more informal environment for entertaining and treating clients and colleagues is a great way to show that you value their custom, their time and their efforts.

Traditional options tend to be sport, perhaps a golf day or a football match, but we’re finding that ever increasing numbers are turning to us as an alternative, telling us that the traditional options aren’t appealing to their diverse base of clients and colleagues.

Here at Amplify, we’ve been delivering corporate hospitality for over 20 years, but not as you know it. Operating exclusively at the NEC Group Arenas – Arena Birmingham (city centre) and Resorts World Arena (NEC campus), our packages provide exclusive 24 www.birminghamlawsociety.co.uk

hospitality, exquisite dining and premium tickets for the world-class music, comedy and sport events that come to the Arenas every year. We can almost guarantee we’ll have an event to suit your client or colleagues’ exact taste – whether that’s Take That, Jack Whitehall, Panic at the Disco, or even Disney on Ice! Arena Birmingham and Resorts World Arena boast a total of five restaurants, recently refurbished with contemporary furnishings so you can enjoy your meal in style. Whether it’s a two-course informal meal you’re looking for, or a four-course fine dining experience, all our food is prepared by award-winning chefs.

We’ll then take you down to enjoy the show from the best seats in the house of course!

Corporate and individual customers also have the option of taking up an annual membership which offers priority access to premium tickets, guaranteed ability to purchase up to ten hospitality packages per show and generous discounts on hospitality package prices.

If you’re looking for the ultimate live event experience, Arena Birmingham offers ten exclusive and luxurious ShowCubes – as close as you can get to a private viewing experience, from the comfort of your own luxury space. For an annual fee or on a show-by-show basis, the ShowCube becomes your own personal space within the Arena, branded and customised to offer an unrivalled live experience for up to 14 guests.

With a private bar, uninterrupted panoramic views of the Arena and the option of in-cube dining, they have become the most soughtafter facilities for corporate guests.

We know that organising corporate entertainment can be a headache when

you’re already busy, so at Amplify, we offer you a dedicated account manager who will take care of organising everything for you. Each of our account managers know their clients’ needs inside out – so they can recommend the perfect show and the perfect space to suit their needs. With a full service from us and everything taken care of, all that’s left to do is sit back, relax and enjoy the show!

If you’d like to hear more about our corporate hospitality options at Resorts World Arena or Arena Birmingham, or the Amplify ShowCubes, myself and the team would love to hear from you. Give us a call on 0844 338 0333 or visit www.amplify.co.uk.

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OUT OF HOURS

WHEN SWEET GETS SINISTER

Artist and filmmaker Rachel Maclean is transforming Birmingham Museum and Art Gallery as she curates a major exhibition that showcases the multiple manifestations of sinister cuteness using works taken from Birmingham’s collection and the Arts Council Collection.

From adult onesies to bunny ear photofilters, there is an overwhelming presence of cuteness in contemporary society. Through the exhibition Maclean will ask why we feel the need to share and reproduce cute things, as well as question the fine line between cuteness and creepiness.

The artist known for her distinctive satirical films has also created an opening film to introduce the themes of the exhibition Cult brand FENTY Beauty by Rihanna has launched a whole new range of makeup bag must-haves – including 50 concealers designed to suit all skin tones.

The latest additions feature the impressive selection of Pro Filt’r Instant Retouch Concealers as well as ten new Pro Filt’r Soft Matte Long-wear Foundation shades and eight new Pro Filt’r Instant Retouch Setting Powders.

There’s also a Precision Concealer Brush, Powder Puff Setting Brush and a Lil Precision Makeup Sponge Duo. FENTY Beauty was launched after Rihanna noticed a lack of products that performed across all skin types and tones. She created her makeup line “so that women everywhere would be included.” The addition of ten new Pro Filt’r Foundation means there are now 50 boundary-breaking shades available.

Available exclusively from Harvey Nichols, The Mailbox & online at harveynichols.com 26 www.birminghamlawsociety.co.uk

featuring ‘Dr Cute’ - a grotesque bear-like creature played by Maclean. Other artists’ work featured includes John Isaacs, Gillian Wearing, Ana Maria Pacheco, Helen Chadwick, Paula Rego, Peter Blake and Hermann Sondermann.

Rachel Maclean said: “I’ve had a fantastic time exploring the Birmingham collection and the Arts Council Collection and it’s been an honour to be able to bring together a show that includes so many artists that I admire. I have been fascinated by cuteness for a long time and think that despite it being an area that so many artists investigate, it can often be overlooked as being too silly, shallow or feminine a subject for debate.

important that we take it seriously in order to understand what we use cute objects for and the effect they have on us. Something which has come to the fore in curating the show has been the number of artists that toe the line between cuteness and creepiness.

There is something fascinatingly complex about this and for me it is the fundamental mystery of the cute object, how can things that look sweet be simultaneously sinister?”

Too Cute! Sweet is about to get Sinister is at Birmingham Museum & Art Gallery until the 12th May. To find out more visit birminghammuseums.org.uk/bmag/whatson/too-cute

“I think cuteness is fundamental to our experience of consumer capitalism and it’s

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