BULLETIN
THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY
SEPTEMBER 2019
ONE PROFESSION... ONE REGION... ONE VOICE
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
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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 – Henderson & Jones 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.
President's Letter. Time to Stand Up For Justice
6.
News. A round up of what's been happening at the Society and members' news.
12.
Best Practice. Matt O'Brien on the work of the Birmingham Law Society Criminal Law Committee
14.
Regulation Report. Jayne Willetts on the forthcoming SRA reporting obligations.
16.
Best Practice. Access To Justice – The Current State Of Criminal Legal Aid
18.
Opinion. Malcolm Morse of St Philips' Chambers. on the benefits of change...
20.
Out of Hours. Breathe some fresh air into your home office.
24.
Out Of Hours. Review: Marmalade At Birmingham Rep
www.birminghamlawsociety.co.uk 3
PRESIDENT’S LETTER
TIME TO STAND UP FOR JUSTICE
This month’s Bulletin has a particular focus on ‘Access to Justice’. A term that has become common parlance amongst legal professionals and references the need for a properly funded and functioning legal system, with all that that encompasses. In recent years, changes imposed on our legal system have stretched far and run deep. The cuts to legal aid brought about by the advent of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 are just part of the story. Cutbacks, court closures, increased court fees, longer waiting times, the introduction of fees in the Employment Tribunal (now removed) and reductions in legal aid rates are just some of the other factors to have played their part. These changes have been felt in both criminal and civil justice. For example: • Provision of legal aid advice for housing has now disappeared in large areas of England and Wales, creating legal aid deserts. Almost one third of legal aid areas have just one and – in some cases – no law firms that provide housing advice available through legal aid. • In 2012-13, of those appealing decisions relating to welfare, 83,000 received legal aid. Just 440 people did in 2016-17. This has led to a significant drop in the number of people prepared to challenge incorrect decisions made by benefits agencies. Over the same period, the number of people entitled to legal aid in the family and civil courts fell from 575,000 to 145,000. • The mean average age of a criminal duty solicitor across the whole of England and Wales is now 47; in many regions the average age is even higher. In Birmingham, more than 40% of our criminal duty solicitors are over 50. This means that in five to 10 years there are likely to be 4 www.birminghamlawsociety.co.uk
large parts of the country where there are insufficient duty solicitors, despite the fact that it is a fundamental right of an individual detained by the police to have access to a solicitor and advice free of charge, at any time of day, regardless of wealth, age or nationality.
access to justice crisis amongst the wider public and to raise money for charities that work to provide independent and impartial advice. Our next big event is our Stand up for Justice comedy night, which is being held at the Birmingham Rep on Sunday 27th October.
The above list could go on and on. It is perhaps inevitable that these changes are being felt most keenly by those who are least well-equipped to deal with them. Research conducted by my colleagues at the University of Birmingham in 2017 into people representing themselves in court processes in the Birmingham Civil Justice Centre revealed that 63% of respondents either had no formal qualification (25%) or a pre-A level qualification. 32% of respondents indicated that they had mental health problems, and over half had an annual income of less than £14,000. Access to a lawyer who is able to articulate the rights of those who are unable to articulate the same for themselves is already unobtainable for many. Yet, the impact of these changes does not stop there.
More details about this event (including how to book your ticket) can be found in the pages of this month’s magazine.
During my time as an Officer of Birmingham Law Society, I have repeatedly been told of the high regard in which the jurisdiction of England & Wales is held around the world. In 2016 The Law Society of England & Wales reported that in a survey of 500 commercial law practitioners and in-house counsel, 48% of respondents identified English law as their preferred choice of governing law in contracts. We are the jurisdiction of choice for those doing business across the globe. However, this begs the question: how long will that remain the case if our justice system continues to crumble around us? A fully functioning justice system is not only essential for those who find themselves caught up in it. It underpins our legal economy, our attractiveness as a place to do business and our standing on the international stage. For all these reasons and more, Birmingham Law Society takes an active role in standing up for access to justice on behalf of our members, our profession and our wider community. For example: • Our committees prepare detailed responses on behalf of the Society to consultations put forward by Government, the Ministry of Justice, HMCTS and others. • Last month, I wrote in my capacity as President of Birmingham Law Society, to local Members of Parliament to encourage them to participate in the ‘Take your MP to Work’ campaign, which is being run by the All-Party Parliamentary Group on Legal Aid and Young Legal Aid Lawyers. MPs are invited to spend a day shadowing legal aid lawyers on the frontline to see for themselves why early legal advice is vital. • We host events and roundtables, often in conjunction with The Law Society, to give our members an opportunity to discuss issues relating to access to justice and to feed into the national Society’s strategy. • We seek to raise awareness of the
What can you do to Stand up for Justice? There are plenty of ways that our members can help us to make the case for improving access to justice. Such as: • Joining one of Birmingham Law Society’s committees: our family law, employment, criminal, dispute resolution, consultation and pro bono committees all do work in this area (to name just a few). If you are not sure which committee might be most suitable for you please do get in touch with me. • Respond to consultations either as an individual, or on behalf of your firm or organisation, or both. • Support existing campaigns: The Law Society and interest groups such as the Young Legal Aid Lawyers frequently run targeted campaigns aimed at lobbing Government and raising awareness about access to justice. It often takes little more than a few taps of your smartphone to tweet your MP or to send a letter to the Lord Chancellor about key campaigns. • Talk to friends and family about access to justice. There is still lack of public awareness about the issue and misunderstanding abounds as to why it’s such an important issue. • Support our ‘Stand up for Justice’ comedy night and bring your friends and family with you. Access to justice isn’t something that is happening in the abstract or at arm’s length and it doesn’t only affect the poor, the vulnerable and the dispossessed, even if they are often the people to feel the impact of cuts most acutely. A functioning justice system matters to us all. It is the backbone of our society. Access to justice is good for our city, for our businesses, for our family, our friends, our neighbours and, should we ever find we need to rely on it, for ourselves. So I invite you to join me in taking a stand. Linden
Birmingham Law Society is proud to work in partnership with our sponsors:
Sunday 27 October – from 7pm
Ticket Price: £25 including VAT per person (all proceeds donated to charity) Birmingham Law Society’s Stand Up for Justice comedy night aims to raise awareness of the access to justice crisis facing our country, whilst simultaneously raising funds for two invaluable Birmingham-based charities - Citizens Advice Birmingham and Central England Law Centre - working to ensure that local citizens understand their legal rights and are empowered to enforce them. We hope that the event will be an enjoyable and light-hearted evening with a powerful message at its heart, which will send our guests away amused, entertained and better informed about why access to justice and the rule of law matter to us all. We are delighted that the following comedians are already confirmed, plus a surprise special guest appearance:
Guz Khan (Live at The Apollo, Finding Fatimah, Man like Mobeen)
Karen Bayley (Comedy
Jo Enright (Phoenix Nights, Peter Kay’s Britain’s Got the Pop Factor... and Possibly a New Celebrity Jesus Christ Soapstar Superstar Strictly on Ice)
Gareth Berliner (Coronation Street’s Macca)
Daliso Chaponda (Britain’s Got Talent)
Jay Droch (BBC Asian Network Comedy Special)
Junction)
John Simmit (Teletubbies, The Real McCoy)
Book now at:
www.birminghamlawsociety.co.uk/events/social
* line up may be subject to change
What’s it all about?
Access to the courts, for all, has been a constitutional right since before Magna Carta. However, there is little point having access to the courts unless you also have the means to pay for lawyers who can explain the law, and represent you. Over recent years, successive cuts to funding have brought the UK justice system to its knees. In many areas, the system has reached crisis point. Sweeping reductions in the scope of legal aid mean that thousands of people each year now find themselves unable to access any form of legal advice or assistance when the unthinkable happens and they are faced with a life altering situation. That could be losing their home or their children, their right to live and work in the UK, or even their liberty. Some simply never find out what their legal entitlements are and how to enforce them. Others seek to represent themselves, navigating their way through a complex court system without any professional advice or guidance. More often than not, it is those who are most vulnerable, least educated and, frequently, least well who find themselves in these situations.
If you would like to join us in standing up for justice and helping us to raise even more money for the two charities by sponsoring this event, please contact becky@birminghamlawsociety.co.uk The charities
Thank you to our sponsors
www.birminghamlawsociety.co.uk
NEWS
IT'S A KNOCKOUT!
BLS held it’s second ever It’s a Knockout event at Bassetts Pole on 19 July 2019. Activities included an inflatable assault course, sumo wrestling and wobbly sausage racing. Nine teams including teams from Birmingham Law Society and No5 Chambers battled it out for the top spot. The winning team this year was Birmingham Citizens Advice, one of the President’s charities for the year. The event raised £1,935 for Birmingham Citizens Advice and Central England Law Centre.
UPCOMING EVENTS Netball Tournament 4th September 5:00 PM - 9:00 PM Action Sports 76 Marsh Hill Erdington Birmingham, B23 7EY
eDisclosure Tech for the Disclosure Pilot Scheme & beyond 16th September 2019 8:30 AM - 11:00 AM DWF One Snow Hill, Queensway Birmingham, B4 6GA
Birmingham Law Society Golf Day 19th September 1:30 PM - 9:00 PM Ladbrook Park Golf Club, Tanworth in Arden Solihull, B94 5ED Key Issues Affecting Easements 24th September 12:30 PM - 4:00 PM Clarke Willmott 138 Edmund Street Birmingham, B3 2ES LinkedIn for Solicitors, Fee Earners and Teams within Law Firms 25th September 8:30 AM - 12:00 PM Clarke Willmott 138 Edmund Street Birmingham, B3 2ES Advocacy Training 26 September *** Limited Spaces 26th September 12:30 PM - 4:00 PM St Philips Chambers 55 Temple Row Birmingham, B2 5LS
Contentious Probate update for Private Client Practitioners 1st October 3:30 PM – 6:00 PM Freeths, 20 The Colmore Building, Colmore Circus, B4 6AT Bi-annual Family Law Conference 18th October 1:30 PM - 6:00 PM 3PB The Colmore Building 20 Colmore Circus, Queensway, B4 6AT Stand up for Justice 27th October 2019 7:00 PM -10:30 PM Birmingham Rep Theatre, Broad Street Birmingham, B1 2EP Advocacy Training 19 November *** Limited Spaces 19th November 12:30 PM - 4:00 PM No5 Chambers Fountain Court Steelhouse Lane Birmingham, B4 6DR Annual Dinner 2019 21st November 2019 6:45 PM - 22nd November 2019 1:00 AM University of Birmingham The Great Hall Edgbaston, B15 2TT
To book: www.birminghamlawsociety.co.uk or email: events@birminghamlawsociety.co.uk 6 www.birminghamlawsociety.co.uk
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NEWS
METRO BANK OPENS IN CITY
CITY LAWYER SHORTLISTED Celebrating its ninth birthday this summer, Metro Bank have brought their banking revolution to the UK’s second largest city. Metro Bank, which currently has 67 stores across London and the South East, continues to grow its network at a time when traditional players in the industry are closing branches. Metro Bank’s city centre store, located on the corner of New Street and High Street and a stone’s throw from Birmingham’s Bullring Bull, will be the first of four to open in the region this year – followed by new stores in Solihull, Merry Hill and Wolverhampton. The banking revolution is also set to reach the North of England towards the end of the year, with new stores opening in Manchester and Liverpool.
Each new Metro Bank store creates around 25 new jobs for local people and will combine face-to-face banking with state-of-the-art technology, providing residents and businesses with a customer-focused and convenient banking experience. Customers will be able to visit the store seven days a week, with no appointment needed, and open a personal or business account on-the-spot, leaving with their debit card in hand, along with internet and mobile banking set-up. 4,500 safe deposit boxes will also be available at the Birmingham store. All stores are open from 8am to 8pm Monday to Fridays, 8am to 6pm on Saturday and 11am to 5pm on Sundays and bank holidays, 362 days a year.
Chrissie Wolfe of Irwin Mitchell has been shortlisted for the 2019 Junior Lawyer of the Year Award. Part of the prestigious Law Society Excellence Awards, the winners will be revealed at the Grosvenor House Hotel, London on 23 October. Chrissie will also be attending the Downtown In Business City of Birmingham Business Awards on 17 October, where she is a finalist in the 2019 Woman of the Year Award. This latest success comes in the wake of Chrissie winning Solicitor of the Year 2019 at the Birmingham Law Society Awards in March and is another high profile boost for the city’s female lawyers, who are being recognised regionally and nationally for their achievements. A member of the Irwin Mitchell personal injury team, Chrissie specialises in international claims and has her own niche specialism, representing victims of cosmetic surgery abroad, for whom she has achieved significant results in 2019.
VWV EXPAND PRIVATE CLIENT OFFERING Joining as consultants, Peter and Jayne will become part of the established VWV Private Client team, which consists of six specialists, led by Partner, Rachael Armstrong, and supported by a national team of 55. The team alongside Rachael, has recently been recognised by independent legal directory Chambers High Net Worth as a leading firm in Birmingham for Private Wealth. The directory recognises the world’s leading private wealth advisers, specifically aimed at the international private wealth market.
Peter Heath of Inheritance Matters commented "It has been really important for Jayne and I to provide our clients with a future source of advice so that we can be happy that our clients are in safe hands whilst we put our retirement plans in place. Having worked with VWV and experienced first-hand their approach to client care and service, they were the natural choice for us to work with.
VWV's national private client team is growing its office in Birmingham having been joined by Peter Heath and Jayne Udall of Inheritance Matters. Peter and Jayne have successfully run Inheritance Matters for over 10 years, and are now looking at their retirement path whilst ensuring that their clients are in safe hands. 8 www.birminghamlawsociety.co.uk
We are looking forward to joining VWV and the team of specialist private client lawyers, whilst ensuring we are available to our clients to make their journey as seamless as possible." In February, VWV won the Excellence in Legal Services award at Birmingham's Signature Awards, which recognises the work of business professionals who have provided cutting edge thinking and have driven their organisations forward.
ADVERTORIAL FEATURE
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WHY YOU CAN’T AFFORD TO DISREGARD BLENDED LEARNING Although blended learning certainly isn’t a new concept, its modern-day definition encompasses a variety of technologies including web and mobile learning, all of which legal professionals can take advantage of at every stage of their careers. Blending online and face-to-face training can accommodate all learning preferences and schedules, making it easier than ever before to continue personal and professional development. What’s more, by adding online learning into training programmes you can help cut down on carbon emissions, whilst maintaining standards of content and delivery if you opt for a reputable training provider, like Kaplan Altior. Jody Tranter, head of Kaplan Altior, explains why you and your firm can’t afford to disregard blended learning. TRAINING TAILORED TO YOUR SCHEDULE Life in the legal profession can be incredibly busy, particularly as industry-wide competition levels continue to rise. Regardless of your career stage, ongoing professional development remains more important than ever before whether you’re becoming qualified by undergoing your Professional Skills Course (PSC), continuing your professional development or enhancing your service offering for your clients with Higher Rights of Audience (HRA). However, we appreciate that this shouldn’t come at the sacrifice of billable hours, meaning it can be
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NEWS
ADVERTORIAL FEATURE
STUCK IN THE MIDDLE - CHALLENGES FOR THE 'SANDWICH GENERATION'
Research has highlighted the financial hurdles facing those in their 40s, 50s and 60s. For many people, retirement represents freedom. The freedom, after decades of work, to choose when to get out of bed, how to spend your day, and to explore new interests. Yet, while some of today’s retirees are lucky enough to enjoy just such a lifestyle, future generations may not be so lucky. For a growing number of people, retirement is likely to be marked by financial strain as they are caught between supporting their own kids and caring for ageing parents. This increasingly applies to those in their 40s, 50s and early 60s – a group often referred to as the ‘sandwich generation’. Supporting an adult child or ageing parent may come at the expense of your original retirement plans. And with finances pulled in different directions, the amount you will be able to eventually pass on could be significantly impacted. Indeed, today’s working population is expecting to leave much less of their retirement pot to family members compared with the current crop of retirees. According to research by St James’s Place, those with £50,000 or more in household assets who are not yet retired expect to pass on
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This charitable fund established in 1974, working in close collaboration with The Law Society, supports other registered charitable organisations that meet the aims and objectives criteria promoting access to justice, legal education and human rights. Support is awarded to applicable charitable organisations whose work is directly related to the law and legal profession; and whose activities would likely benefit from funds made available on behalf of solicitors. The Charity needs your support to continue its work. For further information visit:
www.lawsociety.org.uk/charity or e-mail lawsocietycharity@lawsociety.org.uk The Law Society Trustees Ltd Charity, 113 Chancery Lane, London WC2A 1PL Registered Charity No: 268736
10 www.birminghamlawsociety.co.uk
£74,000 as an inheritance – a third of their savings. This is down from .1 the £125,000 those already retired expect to pass on A quarter of future retirees expect to be financially supporting family members, up from 7% currently. Everyday living costs, school or university fees, and childcare topped reasons why people expect to be supporting loved ones in retirement. HOMEWARD BOUND Young adults may return home to live with their parents, or require financial and emotional support. Elderly parents may move in with their children, or need help to move into assisted living. Either way, obligations placed on the sandwich generation demand considerable time and money. “Passing wealth on to our loved ones is one of the final acts of kindness we are able to make, so it is concerning that the amount many believe they will be able to pass on is eroding,” says Claire Trott, Head of Pensions Strategy at St. James’s Place.Building sufficient funds for your future whilst supporting other generations can seem a daunting task and it’s unsurprising that one in five people say they either feel ‘pressurised’ or ‘worried’ by having to provide financial support to others. We see consistently the value of advice in navigating this complexity and our research found that 8 in 10 people who receive ongoing face-to-face advice believe they have sufficient funds to fulfil their retirement plans. This compares with only 35% who don’t receive advice. It’s clear advice has an important role to play in ensuring a comfortable and confident financial future.” With the added pressures of managing your own career, as well as the need to contribute to your own retirement, you may be faced with significant financial and emotional stress. However, putting in place the right plans at an early stage will allow greater opportunity to build wealth over time and leave behind as much as possible when you’re gone. Proactive planning will also help reduce your financial stress if you are already supporting offspring and parents, or if you think you may be faced with this balancing act in the future. The value of an investment with St. James's Place will be directly linked to the performance of the funds selected and may fall as well as rise. You may get back less than the amount invested. 1 Opinium Research carried out an online survey of 4,000 UK adults aged 18+ from 18 to 24 April 2019.
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OPINION BIRMINGHAM LAW SOCIETY CRIMINAL LAW COMMITTEE In April of this year, I had the honour of succeeding Regan Peggs as Chair of the BLS Criminal Law Committee. In so doing, and with some trepidation, I step into the shoes of many great criminal practitioners who have previously held the role. The work of the Committee is vital in its field and within the region: it remains the only multi-agency forum for the local criminal justice system as a whole. It is well attended by criminal practitioners from across the professions – solicitors, the Bar and legal executives – and includes co-opted representatives of the local courts, the police, prosecutors, probation, the Criminal Cases Review Commission, Birmingham City Council and the Legal Aid Agency. The breadth and depth of its membership goes some way to explain its many successes over the years – successes that I hope will continue on my watch. Broadly put, the Committee strives to disseminate relevant and useful information to criminal practitioners, and to promote best practice; it lobbies on behalf of its membership; it seeks to address the concerns of members by raising them with the appropriate agencies; it responds to consultations by government and other agencies. I see the Committee as a vital instrument to promote not only the interests of its members but to improve access to justice and outcomes for the most vulnerable people in the criminal justice system. 12 www.birminghamlawsociety.co.uk
The work of the Committee faces particular challenges at the moment, taking place as it does against the welldocumented backdrop of chronic funding and resource difficulties faced in every area of the criminal justice system: the professions, the courts, the prosecution, the probation service and the prison estate. It is difficult to recall a time when the morale of those working within the criminal justice system was as low as it is now. Two things occur to me when I consider these challenges. The first is that they make it more important than ever for those involved in the criminal justice system to come together; to seek to make the best use of the resources we have, to minimise the waste of time and resources, and to lobby for better funding, better resources and better systems. The second is that it is our duty as professionals to fight to ensure that our lay clients, often the most vulnerable members of society, are not disadvantaged by the resource and funding shortages present in the system. As those who have gone before me have done successfully, I hope to use the Committee to work towards those outcomes. I had the privilege of being invited to give evidence to the Commons Justice Select Committee in May of this year, on behalf of the Committee. This was part of the Select Committee’s consultation into the ongoing reforms to the criminal justice system. It is a testament to the regard in which the Birmingham Law Society and our Committee is held that I was one of few people invited to give oral evidence. I was part of a panel that included representatives from the police, the Bar Association and the Magistrates’ Association. There was a common theme in the evidence, that the Ministry
of Justice had emphasised reforming processes and cutting costs, without considering the impact upon access to justice. The Select Committee appeared to take on board the evidence given on that theme, and it will be interesting to see whether the pace and scale of reform is slowed or reviewed as a result. In addition, this year, the Committee has delegated members to represent its interests on the Independent Advisory Group for those in police custody, and the steering committee of the Court Triage Project in the Birmingham Magistrates’ Court. We have responded to the Sentencing Council’s important consultation on sentencing offenders with mental health conditions. We have organised and promoted training and social events in the interests of criminal practitioners. I invite anyone who is interested in the work of the Committee to attend one of our monthly meetings, to see if they would like to join and contribute to its work. Prospective members from all professions and at all stages of their career are welcome. We meet at Birmingham Crown Court, at 4.30 p.m. on the second Wednesday of each month: the next meeting is on 11th September. For more information, please contact me at matt.obrien@jrblegal.co.uk. Matt O’Brien. Partner, Jonas Roy Bloom Chair, Birmingham Law Society Criminal Law Committee
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REGULATION REPORT
TO REPORT OR NOT TO REPORT PART 2 reports about other firms without clear evidence of wrongdoing, for example in hostile litigation. It also appears to be an alternative to the overarching duty at 1 above. If so, it would enable firms to report under this provision without conducting an internal enquiry which could result in injustice in the case of an employee or partner. To add to the concern, I cannot see any chance of the SRA sanctioning an informant for making a mischievous or unjustified report, so let us hope that we have some clear guidance before this provision takes effect. 3. WHISTLEBLOWERS’ CHARTER Rule 7.9 (Individuals) Rule 3.12 (Firms)
In the October 2018 edition of the Bulletin, I considered the consultation paper “Reporting concerns” upon which the SRA was consulting with the profession and other interested bodies writes Jayne Willetts, Solictor Advocate at Jayne Willetts & Co Solicitors. The Legal Services Board has now approved the SRA’s application to amend the reporting obligations in the new Codes of Conduct for individuals and firms – due to come into effect on 25 November 2019. These new reporting duties are not identical to the proposals contained in the consultation paper which is a source of some concern to the Law Society and other consultees. They are also not identical to the provisions contained in the Standards & Regulations which currently appear on the SRA website. They are contained within the SRA Regulatory Arrangements (Reporting Concerns) Amendment Rules 2019 which are in the process of being approved by the SRA Board. This new regime introduces three provisions which will apply to all individuals and firms regulated by the SRA – guidance is promised for later this year. I have given each of the provisions a nick name for the purposes of recollection only.
It creates a multi-stage process for reporting. The test combines a subjective element (what the person making a report believes) with an objective element (the belief was reasonable bearing in mind the circumstances, information and evidence available to the decision-maker). The SRA has declined to provide a definition of what amounts to a “serious breach” and has directed the profession to its Enforcement Strategy which includes a list of the nine factors for assessing “seriousness”. The Enforcement Strategy has been drafted in-house by the SRA and has never been subject to consultation. COLPs & COFAs will need to read the Enforcement Strategy in conjunction with the Codes before they start reporting under these new regulations. Some concerns will be obvious and warrant a report. Others will require careful investigation and consideration and/or professional advice before reporting. 2. SNITCHERS’ CHARTER
Rule 7.8 (Individuals) Rule 3.10 (Firms) Rule 9 (COLPs & COFAs)
Notwithstanding Rule 7.7 above, you inform the SRA promptly of any facts that you reasonably believe should be brought to its attention in order that it may investigate whether a serious breach of its regulatory arrangements has occurred or otherwise exercise its regulatory powers.
& COFAs)
Just to make it even more complicated – the SRA has introduced a second duty to report any facts which the SRA should investigate and with a much lower threshold for reporting. It is intended to cover the scenario where a firm has not gained (or is not able to gain) sufficient knowledge of the facts to satisfy itself whether the matter is capable of reporting.
You report promptly to the SRA or another approved regulator, as appropriate, any facts or matters that you reasonably believe are capable of amounting to a serious breach of their regulatory arrangements by any person regulated by them (including you).
The SRA can then use its wider regulatory powers to investigate in situations where a firm cannot – for example where the evidence sits within another firm or is in the possession of a client. The SRA could use its statutory powers to compel the production of evidence.
This provision is the first port of call for self-reports or reports about your firm.
This is a very disturbing provision. As it stands it would enable firms to make
1. UNIVERSAL CHARTER
Rule 7.7 (Individuals) Rule 3.9 (Firms) Rule 9 (COLPs
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You do not subject any person to detrimental treatment for making or proposing to make a report or providing or proposing to provide information based on a reasonably held belief under Rule 7.7 or 7.8 above irrespective of whether the SRA or another approved regulator subsequently investigates or takes any action in relation to the facts or matters in question This is a new obligation aimed at protecting whistleblowers who report their employers to the SRA. It could be seen as the successor to the more general provision at current Outcome 10.7, which forbids the profession from preventing anyone including employees and clients from providing information to the SRA. This whistleblowers provision follows in the wake of the decision in SRA v Vita, Platt & Emily Scott SDT 11696-2017. Ms Scott fabricated documents, whilst a trainee solicitor. She did so under duress and was too frightened to report to the SRA but when she moved firms, the COLP at her new firm advised her to report to the SRA. She was referred to the SDT and was then promptly struck off. The objective of this new provision is to enable others in similar circumstances to report misconduct to the SRA without fear of reprisal. The alternative scenario is that this could backfire and result in unfounded reports to the regulator by discontented employees. The obligation to report concerns to the SRA needs to be clearly understood by the profession and not enmeshed in a web of complexity. Why is this so important? Anyone who has ever been investigated by the SRA, however unjustified the allegations, can attest to the delays, anxiety and costs of the enquiry process. Reporting or being the subject of a report to the SRA is not for the faint-hearted. We can only hope that the promised guidance will shed light on this important topic.
Jayne is also a director of Infolegal Ltd www.infolegal.co.uk which provides compliance services to law firms
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BEST PRACTICE
ACCESS TO JUSTICE – THE CURRENT STATE OF CRIMINAL LEGAL AID Ministry of Justice Review Largely as a result of persistent lobbying by the Law Society and other practitioner groups, the Ministry of Justice (MoJ) embarked in March 2019 on a root and branch review of criminal legal aid (‘the Review’). The review covers all aspects of the various criminal legal aid schemes, from the police station to the Crown Court, and it is hoped will at least go some way to addressing the current crisis in Criminal Legal Aid. The Society, the Bar Council, CBA and the other main crime practitioner representative groups are engaged with the Review and we have representatives on each of the groups feeding into the Review. The Review is expected to report at the end of 2020. In the meantime the Law Society and other practitioner representative groups have been successful in persuading the MoJ to invest in specific reforms earlier than this, as a recognition of the crisis in the criminal justice system, and to help build confidence in the review process. Among other things we hope that this will result in some form of payment for the consideration of unused material and early disclosure. The MoJ anticipates proposals from this early work to be published around the end of this year. What is wrong with the criminal justice system?
identified and properly considered by the police and prosecutors.
In recent years complaints about the state of the criminal justice system in England and Wales have become increasingly loud. From the Secret Barrister to the Justice Select Committee, there seems to be a general consensus that due to many years of underinvestment our criminal justice system is crumbling.
More resource is sorely needed across the system to address these issues, not least in relation to criminal legal aid fees. Criminal legal aid lawyers ensure that anyone accused of wrongdoing has a fair trial. A stable pipeline of defence lawyers is essential to ensure that justice is served both now and in the future. Yet rates for criminal legal aid work are now so low, young lawyers no longer see a viable career in this specialism.
Our justice system – admired all around the world - is underpinned by the notion that people are innocent until proven guilty, yet people’s lives can be ruined before their case even reaches trial. Imagine a person arrested today for a crime they didn’t commit. Their journey through the justice system could be plagued with shortages of lawyers and experts – due to low legal aid rates, - delays due to cases being double booked, long journeys to a distant court due to the closure of their local court, and being required to pay legal aid contributions they can’t afford because the means test is too stringent. Innocent people may be held on remand far longer than necessary because of inefficiencies in the system – and be crippled by large debts as a result of their arrest, even if found innocent. This also impacts on victims and witnesses of crime who suffer avoidable inconvenience, cost and stress because of all these problems. Worse still, problems with the disclosure of relevant documentation mean that innocent defendants risk being wrongly prosecuted, or even convicted, because evidence proving their innocence has not been
16 www.birminghamlawsociety.co.uk
Last year the Law Society published an interactive ‘Heat Map’ illustrating the impending crisis among duty solicitors. The map shows that the mean average age of a criminal duty solicitor across the whole of England and Wales is now 47, and some counties have no lawyers under 35 doing this work. Law Society campaign It was out of these concerns that the Law Society’s criminal justice campaign was born earlier this year . The campaign calls for the Government to invest more in the system and to implement key reforms to ensure the system does not fall apart. Among the campaign tools available are an online petition; a video illustrating the damaging impact on clients of the overly stringent means test; a report – ‘Justice on Trial’ - on the crisis that makes 11 key policy recommendations to government , and a letter-writing campaign encouraging practitioners to write to the new Lord Chancellor urging him to prioritise access to justice.
The Law Society delivered a number of roadshows around the country earlier this year – including Birmingham – in order to provide updates to our members on the crime Review and other developments in criminal legal aid. You can listen to a podcast that summarises the topics covered in the roadshows- www.lawsociety.org.uk/supportservices/court-reform/criminal-justice-update/ Practitioners can get involved in the Review in a number of ways; • You can host an MoJ employee in your firm for 1-3 days, in order to demonstrate first-hand some of the problems facing you in your day-to-day work; • You can volunteer to take part in a Focus Group. These are in the process of being organised and will take place in several different locations around the country. • You can also contact the Law Society directly with your ideas and suggestions for improvements to criminal legal aid. If you wish to participate in any of the above, please contact: alicemutasa@ lawsociety.org.uk Alice Mutasa – Policy Adviser, Criminal Legal Aid, the Law Society. Vicki Butler – Campaigns Manager, the Law Society. 1. www.thesecretbarrister.com/ 2.www.publications. parliament.uk/pa/cm201719/cmselect/cmjust/1069/106903. htm 3. www.lawsociety.org.uk/policy-campaigns/ campaigns/criminal-lawyers/ 4. www.lawsociety.org.uk/ policy-campaigns/campaigns/criminal-justice/ 5. www. lawsociety.org.uk/support-services/research-trends/justiceon-trial-2019/ 6. www.gov.uk/guidance/criminal-legal-aidreview#plan-for-accelerated-work
OPINION Anne-Marie-Dhillon
THAT STRAIN AGAIN...
TWELFTH NIGHT (OR WHAT YOU WILL) ACT 1 SC 1. By and large, I am not a great fan of change, but fortunately, for most people it is true to say that things are not like they were in the old days. There are plenty of reasons to be glad of this writes Malcolm Morse, St Philips Chambers. There were drawbacks in “golden olden days”. Yet, we instinctively prefer the way our chosen professions were when we joined them, probably because we passed from intensive learning about the prevailing state of affairs into the privilege of being able to practise it. We do not find change easy; it brings strain. The late Douglas Adams said that the technology which exists in the first twenty-five years or so of our lives is simply part of the world and we learn it; technology invented when we are between -say – 35 and 50 is an interesting new challenge which we master; technology invented after that is the end of civilisation. I am now of an age when I can say absolutely that he nailed it. The same is true of repeated changes to the professions themselves. Contrary to the expectations of my Director of Studies at Cambridge (and of myself) I have had the privilege of practising in the Midlands in criminal law for the best part 18 www.birminghamlawsociety.co.uk
of sixty years now. I have enjoyed the trust and assistance of many highly respected solicitors in the area. I am one of the very few dinosaurs who appeared at an Assize (I defy you ask “a what?”). I saw the creation of the Crown Court, the serious discussion (more than once) of fusion of the two professions and the extension of Legal Aid way beyond any original concept. Each of those developments was greeted with protest (not least by me). There would be no saving the country; the barbarians were coming today. Yet unacceptable change, imposed by vandals, heralding the death of everything we hold dear, becomes quite quickly the stuff of everyday life. Early in my career, a book called Negotiated Justice “exposed” cases in which people accused of crimes had pleaded guilty because they had been offered a significant reduction in sentence. We could never have foreseen that within our lifetimes there would be codified a complete system of sentencing that made such reduction of sentence offers compulsory. A scandal became compulsory practice. We had never heard of the European Convention on Human Rights and Fundamental Liberties although it had been created in 1950, ratified by the UK in 1951, in force in 1953. It simply never impinged on us. We took as obvious that a Defendant should
be present at trial. By 2001/2003 it had been established that a trial could be held where a Defendant who knew of the date and place did not attend. At first, this was exceptional; now we do not turn a hair at it. These are examples of changes which I opposed. Sometimes they have arrived by Act of Parliament, with or without consultation with the professions, sometimes by decision of the Judges. By whatever method the change has been effected (change is always called “reform”) the practising professions have adapted with differing degrees of grace and have come to work in the new system, still trying to find ways of putting forward the case which, according to our clients, is true. I said at the start of this, that we tend to resist change. There is a valid reason for that. Law is the human system by which society and relations between people are engineered. It is our social structure. Over time we created a system of basic rules. We have always been proud of our creation – not always with general agreement. The Liberal philosopher Jeremy Bentham called Common Law “Dog’s Law” because you wait till your dog does something you don’t like and then you hit it. The general movement has been towards codified law – created by Act of Parliament. It
is said that this achieves certainty (the go-to word is “transparency”) but we who practise regularly know that Parliament churns out opaque laws at a vast rate. As an instrument for achieving clarity Parliament is not ideal; it is made up of two different Houses each with at least two opposing parties and some other groupings and the result of the discussions of these is overwhelmingly likely to be a mishmash compromise. If a camel is a horse designed by a Committee, we need to be spared a Committee’s attempts at a camel. We live now at a time when many people can say little more than “The one good thing to be said about this particular group of squabbling people is that it is not the alternative group of squabbling people who would be (or are) even worse.” This is not a high recommendation. The sheer unremitting task of keeping up, and adjusting to change, creates strain, tension and anxiety. Our clients do not want hear “I understand your problem, there are three possible answers. Any one of them may turn out to be right. That will be £300 please.” My own experience is that clients approach their lawyers to be told “You are right and the other side are wrong.” But for any dispute to arise there have to be at least two people each of whom believes that they are right. Not infrequently both are wrong. People want easy rules and that they agree with. Actually, the usual demand is for people who disagree to be prosecuted. Prosecution is a process regarded as providing the answer to anything. It doesn’t. This non-understanding can be heard throughout most days from the Today Programme through to the Late-Night News, and through most of the printed press. There is a level of determined ignorance about our legal structures which would be regarded as deeply reprehensible if it applied to movies or Love Island. It is linked to a prevalent idea about our criminal law that a person who is charged is guilty so that a verdict other than “Guilty” is a miscarriage of justice, often coupled with an accusation of double-dealing dishonesty by lawyers. The longing for certainty shows also in the demand by students that what students say should be accepted by everybody as true, and if you don’t agree then you should leave the room/campus/ university because your disagreeing presence is intimidating or unsettling and an intrusion into a safe space. Likewise, everyone who makes an accusation that somebody has committed an offence against them is, from that point onwards, a victim. It is a form of thinking that arises from the same belief that a thing is demonstrated to be right because somebody has said it. But the only occasion when “what I tell you three times is true” is when you are hunting a Snark. My own experience of adult life is that it is far from certain. The longing for certainty is, I think, in heart childish and we need to grow out of it and to live with uncertainty. As lawyers, we can only work with what we are given; we are not infallible and it is a deep mistake to think that we are. We may have the gift of allowing others to have some degree of optimism, even, perhaps, to accept that they are valued human beings although they have made ghastly errors. But
we invite disaster if we take on the role of Merlin the magician. The need to fulfil as much of the trust and hope which people place in us as we humanly can is as much as we can properly hope to do. We are limited by the resources available to us. To imagine otherwise is to reach for a position above what my same Director of Studies used to define as the proper business of the lawyer – to be the engineer of society. It is to transfer to us the desires that used to be settledy by the priest, together with the expectation that we are able to create miracles. We are entitled (not for ourselves but for the people whom we exist to serve) to expect the support of the Administrations which enact the laws which they need us to engineer and to be able to rely on that Administration’s intention to give us the necessary equipment.
The increase in legislation, the increase in the preparedness of people to resort to law to enforce or assert rights, the growth of the idea of rights, has all been encouraged by governments who have also moved to the increasing restriction of the avenues by which these can be met. These two directions of travel conflict fundamentally, and the conflict cannot properly continue. The provision of a means of resolution is a constitutional duty of government. Lawyers, whatever myth may say to the contrary, do not create cases. People create cases. We try to assist them to a solution as near as possible to the outcome they seek; this may be quite a distance from their expectation. We are expected, and need, to explain this. Some find it easier to regurgitate what they are told; this is not what we are for. We are a profession, of supposedly responsible people taking an adult part in guiding people through uncertainty; we are not parrots.
We are still suffering the consequences of at least two constitutionally illiterate Administrations. I have always understood that part of the definition let alone duty of any body which claims the title of government in a territory is its ability to arrange and manage the peaceful settlement of disputes between itself and its citizens and between citizen and citizen. We used to call this “keeping the Queen’s peace.” A group claiming the title “Government” who did not do these things did not deserve the title it seeks.
My references throughout to strain and stress arise out my experience and observations of the demands of a profession which is both necessary and treated with contempt by central government. Anyone who does not feel able to try to carry such strains should not apply. This is not a profession with safe spaces, we cannot “de-platform” the expression of views contrary to our own. The Court door does not warn “Beyond this point you may hear things which offend you.”
This requires the establishment and maintenance of a system of dispute resolution which the citizens trust and which can be seen to command the respect of the nation at large. The Coalition and the Administration following deliberately denied that obligation and took active steps, justified on financial grounds, to nullify it.
Sixty years ago, there were truly no forms of assistance for those who found the demands of the job too great, who took refuge (often) in alcohol, whose marriages or relationships collapsed.
There was added the constitutional absurdity of a Referendum, which is said to have declared “the will of the people.” Since 1919, I think this will has been recognisable only three times: the general agreement that nothing like the Great War should happen again, that Hitler was a bad thing and needed stopping and that the death of Princess Diana was a tragedy. The present Administration proclaims that it wishes to increase the number of police and extend the length of time spent by convicted people in custody. But there is a necessary stage in the process between the intervention of the police and the arrival in prison at the start of a sentence. Even Stalin realised that, although his trial system was rudimentary. This stage is known as a trial. It requires resources. In general, the people are most unlikely to take kindly to a government policy that seems to offer money to lawyers. That does not entitle any Administration to abandon its obligation to provide accessible methods of dispute resolution assisted by the people who have been trained to conduct this duty; this is especially so where the dispute needing to be resolved is between the government and a citizen. This is not a bolt on luxury which can be pared away to ineffectiveness; we who exist to engineer the necessary system are not bolt-on extras either. Not only does the policy of squeezing the resources available to the carrying out of the law immeasurably emasculate this central constitutional duty; it adds exponentially to the strain and stress of those of us who are still prepared to shoulder the obligation of attempting to make a system work. This is not a question of remuneration. It is a central fact of national life.
Now there is assistance for lawyers who are overcome by the demands of the profession. We have to live in and manage uncertainty as everybody else does, and we have the same ability to be overcome by it. This is true even when we are in a period of being to some greater degree valued and respected by government and society; such places and forms of assistance are more needed now than before. My own experience of self-medication is with alcohol, which is so embedded generally and in our professions that we may not think of it as a drug. It is an easily obtained mind-altering drug with profound effects. The lawyer who says sometimes “I need a drink” probably means “I would very much like a drink.” But some truly “need” a drink; that person, by that reason alone, is an addict and this is bad news for the person and those whose lives come into contact with them. This has been the experience of my own life and of many others whom I know in and out of the professions. An addiction is a condition in which the sufferer is sure that they have not got it. I am delighted that this year’s President of the Birmingham Law Society has a theme for her year of office which recognises the existence of problems of this kind and the need to have in place resources to overcome them. There is no dishonour in admitting an illness; it leads to a way out to greater contentment in work and ability to deal with the strains of both. Malcolm Morse started his career as a general common law/family practitioner. Over time he has specialised exclusively in criminal law with an emphasis on serious organised crime. His practice is split evenly between prosecution and defence work with particular expertise in matters of serious crime and violence, fraud and confiscation proceedings.
www.birminghamlawsociety.co.uk 19
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ADVERTORIAL FEATURE
THE PREMIER LOUNGE - ARENA BIRMINGHAM’S NEWEST WAY TO ENTERTAIN IN STYLE Since Arena Birmingham opened the exclusive Premier Lounge, it’s proved an exciting new hotspot in the city for hosting corporate hospitality in style. The new contemporary lounge, run by the Arena’s hospitality arm Amplify, is the ultimate way to enjoy Arena Birmingham’s world class events – whether it’s music, comedy or sport that takes your fancy. Every Premier Lounge member receives a welcome drink as they enter the lounge, before being taken to their private balcony seating with panoramic views across the Arena. From there they can browse the menu of Premier Lounge’s very own bar, from which in-house caterers Amadeus serve up an exclusive range of drinks (including a selection of cocktails), alongside deli-style platters designed by their award-winning chefs. Drinks can be ordered right to your seat with Amadeus’ bespoke Qjacker app created for the venue – making sure you won’t miss a moment of the show. For the ultimate way to personalise their experience, members will also receive the unique opportunity to put their name, or company name, on their very own seats. Premier Lounge brings with it a new debenture-style of membership, similar 22 www.birminghamlawsociety.co.uk
to what you might expect from a football or rugby season ticket. Each membership purchases access to 1 seat for 20 performances and includes access to Amplify member events and exclusive discounts for future shows. Amplify is run by a dedicated team of account managers who know their clients’ needs inside out and aim to take the headache out of organising corporate entertainment. The team recently won the prestigious accolade of “Greater Birmingham Chambers of Commerce Business of the Year”, with the six-strong team praised for their “mindset of continuous improvement” and growing performance from modest beginnings. Amplify offers a portfolio of hospitality packages at the two NEC Group Arenas in Birmingham: Resorts World Arena and Arena Birmingham. Packages range in levels from Freestyle single event packages to their most premium annual membership, Air. Prices for Premier Lounge membership start at £2500+VAT. To find out more about the Premier Lounge visit www.arenabham.co.uk/ premier, or to receive a tour of the space from the Amplify team, please give them a call on 0844 338 0333.
ADVERTORIAL FEATURE
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Parents considering an independent education for their daughters should add Edgbaston High School’s forthcoming Whole School Open Day date to their diary.
meet new Headmistress, Mrs Macro, who will give a talk at 10.30am. Mrs Hartley, Head of Prep, will give talks to families considering primary school at 10.00am.
Taking place on Saturday 21 September 2019, 9.30am - 12.00 noon, the morning will provide an opportunity to experience the warm welcome for which Edgbaston High School (EHS) is renowned, to meet key teaching staff and to have a tour conducted by current students. Parents and their daughters will also
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REVIEW: MARMALADE AT BIRMINGHAM REP
The hottest day ever recorded in the UK provided the perfect atmosphere for a relaxed cocktail and canapes soiree at Birmingham’s REP, celebrating the launch of the newlook Marmalade bar and restaurant. Showcasing a range of dishes suitable for all palates - we were invited along to sample the menu and experience Birmingham REP’s new look space for ourselves. THE FOOD We were first greeted by wonderful trays of canapes featuring some unique flavours of shredded duck and marmalade – it worked amazingly well. For those that fancied a meat free option there were vegan mini tartlets with a refreshing salsa. Marmalade also offer a range of small plates that are perfect for a light bite before a theatre showing or simply as a starter. We were loving how well catered the team were to all dietary requirements, from various meat options, fish, even vegan and gluten free. One of our personal favourites was a Fava Bean Patty with a tomatillo chutney and dukka spices. In every bite you could taste each individual ingredient working together to create a divine sensuous experience. When they brought the mains out, it felt like Christmas had come early. Displayed in beautiful rustic blue and green crockery, the food was an indulgence for the senses. Supplying us with selections of Sweet Potato Thai curry, mange tout, bok choi, shiitake mushrooms, coconut crisp & fragrant rice (both vegan and 24 www.birminghamlawsociety.co.uk
gluten free) as well as Fillet of Sea Bass with potato and spring onions ragout & sauce vierge - the list would go on forever. The staff were brilliant offering up all the dishes for us to try – it was fair to say we weren’t going to go hungry! Of course, we had to save the best meal until last, the scrumptious desserts were good enough to convince anyone to ditch the diet! From the likes of Chocolate & Coffee Mousse with Chantilly cream and pecan praline, gluten free Lemon Tart with lime zest and raspberry sorbet and Blueberry Frangipane with vanilla crème fraiche – what’s not to love?! If you fancy treating yourself or a loved one to a glorious afternoon at the theatre, why not try Marmalade’s afternoon tea packages? For £12.95 you can have an assortment of sandwiches, cakes and scones – not to mention vegan alternatives to the package, which were delicious! THE DRINKS If you are after a cocktail in the sunshine, then Marmalade is the perfect place to go. Set in the newly revamped Centenary Square, you can sip on a cocktail while watching the brilliant new water feature just outside the restaurant. With contemporary outdoor seating and staff always on hand to help with any needs – this is the spot of the summer. We managed to have the brilliant opportunity to talk with some of the distilleries that are suppliers for Marmalade, one of whom was ODK
Mixers – an Italian brand of syrups. We spoke to one of their reps who explained that all the lemons are grown within a one-mile radius of their factory in Sicily, whereby they pick and squeeze the lemons the same day. We managed to grab one of their lovely lemon ice teas which was perfectly refreshing on the hottest day of the year. THE INTERIOR Rustic wooden tables and copper hanging lights was a modern vibe for the newly refurbished restaurant. Marmalade have fitted beautifully printed feature walls – perfect for those that want to get the perfect snap for Instagram - not to mention all the quirky accessories! You can relax into the large Chesterfield style booths, or big blue armchairs - comfort is key at Marmalade. VERDICT: Now under control of the in-house REP team, it’s their firm intention to make Marmalade a destination bar and restaurant in its own right; a place that’s good enough to go to irrespective of whether you are going to the theatre or not. They’ve got all the right ingredients and we think they’ve pulled it off – especially with its incredible location overlooking the fountains of Centenary Square. A real sweet treat. For more information on the new menu and about the restaurant, head to: www.birmingham-rep.co.uk/ourplace/food-and-drinks Review by Maddy Ireland
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preparing reports on material breaches in the right format for the SRA, CLC or Law Society of Scotland. These important checks are actioned by our Pinpoint cashiers each Friday. As our cashiers work in teams of six, headed up by a supervisor, it’s then our supervisors’ role to oversee the accurate production and prompt delivery of these reports, and act as an escalation point for any ensuing queries. We take our responsibilities very seriously because it’s all part-and-parcel of providing a regulatory-compliance-guaranteed service.
FRIDAYS AT QUILL By Julian Bryan, Managing Director, Quill Nothing slows down on Fridays at Quill – or indeed in many places within the legal profession. We all know that Friday busyness is typified in the conveyancing sector when exchanges take place, dictated by most house buyers’ preference to move home at the end of the week. And in other areas of law, legal cases don’t stop, court hearings or trials aren’t cancelled, and contracts don’t change their completion date just because it’s Friday. For anyone operating in law, Friday is as hectic as any other week day. For Quill, the last day every week has an even greater focus on compliance. Of course, our Interactive legal accounts software warns users of potential breaches at any time with exclamation marks denoting missing e-chit information, confirmation notifications for tasks that cannot be later undone and other system prompts for incorrect entries. However, on Fridays, our Pinpoint outsourced legal accounting service cashiers ensure any compliance issues are highlighted, reported and resolved. When you consider the plethora of problems that fall into the non-compliance category – from data loss and delayed payment processing to incorrect allocation of client monies into the wrong account and missed deadlines, plus everything in between – and bear in mind the volume of clients we currently service – 8,000 users altogether – you could be forgiven for thinking this an impossible task. In actual fact, by having robust systems in place and applying a disciplined approach, we’re able to address our clients’ compliance obligations successfully every Friday, without fail. As already intimated, for clients using Interactive, there are all manner of easyto-use features to support fee earners progressing matters, for cashiers to 26 www.birminghamlawsociety.co.uk
efficiently manage finances according to the stringent demands of the SRA’s legal accounts rules and HMRC’s Making Tax Digital legislation, and for compliance officers to generate compliance exception reports for rectification or reporting to the relevant regulatory body. Interactive is subject to an extensive software development roadmap with a strong focus on legal accounting enhancements. We notify clients of these new and improved tools via our monthly e-newsletters and ‘What’s new’ button located in our software’s top toolbar. In the past few months alone, we’ve upgraded functionality for associated ledgers for cases, e-chit/bank integration, MTD input and output screens, batch accounts postings, ‘keep’ options to avoid data input repetition, authorise and maintain screen additions, and multiple developments to both detail and summary accounts-specific reports.
"All of these software improvements are designed to simplify and strengthen your compliance procedures thereby making your Friday tasks that much more manageable." For clients using Pinpoint, we send a weekly batch of reports showing ledger balances for client and office accounts, unpaid bills and breaches. These reports act as a prompt for clients to tie up any loose ends by authorising payments and correcting breaches which are still outstanding. Our reports also streamline the process of recording failures and
Aside from these typically Friday reporting jobs, a normal day for our cashiers comprises liaising with clients, completing bank reconciliations, processing day-today transactions, gathering information for month end and subsequently completing month end closures as well as posting legal aid submissions and sending VAT returns at quarter end to HMRC via MTD. By acting in the cashier role on behalf of our clients, the only requirement for Pinpoint users is to log daily e-chits of inbound and outbound monies, and record fee earning activity and disbursements. We do all the rest. By lessening your workload, your Fridays are certain to be stress-free, at least from an accounting and compliance perspective anyway. Because of our unique provision of both Interactive and Pinpoint in tandem, our portfolio is superior quality in relation to other legal accounts software and cashiering service suppliers. That’s because it’s a common platform used by our cashiers and there’s a plethora of management information intelligence drawn from this one central software platform by our supervisors. And, as noted earlier, we’re also constantly researching new ways to improve our products further still. It’s these ongoing software enhancements, defined in our aforementioned roadmap, which go a long way to streamlining clients’ and Quill’s processes. Late Friday afternoon, to salute another successful week fulfilling our compliance requirements, the beer fridge is opened so everyone can have a quick drink before heading home for the weekend. This is one of the many employment perks at Quill. It’s a nice way to mingle with our colleagues in a relaxed atmosphere, celebrate a job well done with some paid-for-by-Quill refreshments, and look forward to two days of rest and recuperation by starting the weekend an hour early. After a typical Friday, it’s well deserved. To discover more about Quill, please visit www.quill.co.uk, email info@quill. co.uk or call 0161 236 2910. Julian Bryan joined Quill as Managing Director in 2012 and was also the Chair of the Legal Software Suppliers Association from 2016 to 2019. Quill has been a leading provider of legal accounting and case management software, and the UK’s largest supplier of outsourced legal cashiering services to the legal profession for over 40 years.
Practice management & accounts software
Outsourced cashiering using Interactive
Outsourced cashiering on any software
Outsourced payroll service
Outsourced bookkeeping service
Outsourced typing service
Don’t puzzle - choose Quill 0845 226 2587 info@quill.co.uk quill.co.uk
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