Navigating the evolving landscape of Professional Indemnity Insurance

To navigate the challenges of a hardening insurance market, law firms should now start prioritising the preparation of a high-quality Professional Indemnity Insurance (PII) submission ahead of the coming renewal period.

The insurance market has been awash with capital, leading to increased competition for business and a subsequent suppression of the rates insurers could charge. This has resulted in unsustainably low premiums compared to the claim payments being made by insurers, but sadly times are changing.

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Dear Colleagues

The Ministry of Justice has launched the 2020/21 round of Queen’s Counsel honoris causa (honorary silk) awards by inviting nominations.  All practitioners and members of the public are free to make nominations (including self-nominations if they qualify) directly to the Ministry of Justice.

In addition, The Law Society is participating in this process, as in previous years, by seeking to make nominations itself of solicitor members of The Law Society. Office holders are securing coverage for The Law Society’s role as nominator by means of publicity in the Professional Update, local law societies announcement, and The Law Society web site (see External Appointments) inviting nominations.  We are inviting people to nominate themselves, or others, to us. Office holders will then select those who will go forward as nominees of The Law Society.

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Presidents Report

Hello,

Presidents Report
Martin I. Salt

I hope that you are all well and staying safe. As of June 1st 2020 the United Kingdom begins to awaken from its imposed slumber with a hope of heading back towards a state of normality. However, in these difficult times solace for many has been found in the exceptionally nice weather and the chance to spend time working in the garden and doing those extra jobs around the house that we always seem to avoid.

The housing market is beginning to kickstart, the court system (albeit with delays) is adapting to the current restrictions and home working is quickly becoming the new norm. Online video conferencing is becoming a necessity. A number of major city law firms are looking at the potential for home remote working as the way of the future although personally I would miss the buzz and formality of the traditional legal office.

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Editorial Bulletin June 2020

Editorial Bulletin June 2020
Julia Saunders

Strange how March seemed to last six months but since then time has flown by. I assure you that is not entirely as a result of my already sizeable gin habit increasing further. Instead of an 18 year old who should have been doing all those amazing leavers things at the end of his school life I have a young man working nights at Amazon and a 14 year old who I still can’t extricate from the Play Station. Thank goodness for the lovely weather in May and someone please re-instate the sunshine!

This edition is full of hope and help as we emerge from lock-down. The local profession has managed to pull together at this strange time and I continue to send information round which might assist firms. As ever if there is anything you want me to circulate please e-mail it through to me.

Read moreEditorial Bulletin June 2020

Will Aid

Will Aid

Will Aid is an annual campaign that takes place every November. Participating solicitors offer some of their time to write basic wills, waiving their usual fee and instead invite clients to make a voluntary donation to Will Aid.

That money is divided between the nine partner charities. Like many charities, the COVID-19 outbreak has had a devastating impact on their finances, with events and shops having to be cancelled and closed, which will have a detrimental impact on their ability to supporting the vulnerable people and communities they work with.

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Civil Users Contact Group

Civil Users Contact Group
Civil Users – Oliver Maxwell

DDLS plays key role in setting up civil users contact group to allow direct access to the Judiciary during these strange times.

Believe it or not, it has now been over 10 weeks since the Prime Minister ordered businesses to close and our pubs, restaurants and shops fell silent. Whereas we are now slowly and cautiously beginning to emerge from the most severe limitations placed on our civil liberties in peacetime (and, certainly, in our lifetimes), when this all began law firms had to adapt almost overnight to home-working and to the inevitable downturn in business brought about by the uncertainly of the pandemic. Whilst terms such as “social distancing” and “furlough” were alien to us when we welcomed in 2020, they are now commonplace and much understood. It is the new normal and is likely to be the case for the foreseeable future, with the government’s message still “work from home if you can”.

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Family Law Sub-Committee

Dear all,

Family Law Sub-Committee
Fiona Apthorpe

The Derby and District Family Committee attended a meeting with HHJ Williscroft and DJ Davies together with Mr Matt Bradley Family Section Leader and Ms Jo Price to discuss issues affecting financial remedy and private family court business.

The following issues were discussed:

Financial Remedy Hearings

There has been a meeting of the East Midlands Lead Judges led by HHJ Mark Rogers.

The Financial Remedies Court is not working effectively at the moment so electronically filed documents are not being uploaded in time for hearings. It will all catch up in due course but at the moment the court is dependent on physical or emailed Bundles.

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Michael Williams Council Member

Michael Williams Council Member

Since the current crisis developed The Law Society has devoted all its efforts and resources into dealing with problems affecting Solicitors and trying to keep legal services functioning .  The maintenance of the rule of law is essential.  The President, Simon Davis , has been at the forefront of this effort and I cannot think of a better person to be leading the profession at the present time.

Last week at a special virtual meeting of Council we voted overwhelmingly to postpone the Society’s AGM until October with consequent delay to all elections.  This preserves very necessary continuity and avoids Simon having to relinquish the reins in mid crisis.

Read moreMichael Williams Council Member

Words Of Wisdom

TAXING THOUGHTS FOR TAXING TIMES

The past few months have proved extremely challenging for everyone, not just the legal profession. The way in which we have all coped and adapted to new circumstances has been an inspiration, and if anything proves that thinking outside the box is no bad thing.

A former work colleague of mine lost a relative last year following a long illness, and mentioned to me that pretty much all the cash investments within the estate had been drawn down to pay the initial liability to Inheritance Tax, leaving just a large managed fund of shares held within an ISA, which could not be accessed till probate had been granted. The application had been lodged at the Probate Registry when we spoke in late March, but how long till the grant issues is anyone’s guess. She had watched the FTSE index fall over the month prior to our conversation, and was concerned. I mentioned loss on sale relief, under which any shares sold before the first anniversary of death at below the value at death qualified for a rebate of IHT by substituting the lower sale value and completing form IHT35. She thanked me and was going to look it up on line so as to be ready with her instructions to the solicitors handing the administration.

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Experts – when even the lawyers get it wrong

Experts – when even the lawyers get it wrong

One of the most notorious, and tragic, cases of an expert getting it wrong was that of Prof Sir Roy Meadow, an eminent paediatrician, who gave evidence for the prosecution in the case of R -v- Sally Clark.  Mrs Clark, a lawyer married to a lawyer, had lost two babies through cot death. The headline to an article in the Daily Telegraph in 2005 reads: “How could an expert like Roy Meadow get it so terribly wrong?”  It starts: “It is hard to think of a more terrible wrong that Professor Sir Roy Meadow could have inflicted upon Sally Clark short of raping or murdering her.”  Sir Roy’s evidence at her trial for murder was that the chance of a middle-class family losing two babies through cot death was 73 million to one.

With that, conviction for murder was inevitable.  Sally Clark served three years, won her freedom on her second appeal, but died of alcoholic poisoning shortly afterwards.  Utterly tragic.

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Contingency planning with Quill

By Julian Bryan, Managing Director, Quill

The SRA expects its regulated law firms to ‘continue to meet the high standards the public expect’ and have ‘appropriate contingency plans in place for disruption’ during the coronavirus pandemic.

With that in mind, it should be no surprise that as the largest combined legal cashiering and payroll bureau in the UK, we at Quill have always been hot on our business continuity and disaster recovery (BCDR) planning.

Contingency planning with Quill

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How Many Routes to Resolution?

How Many Routes to Resolution?

Let me count the ways…  (Elizabeth Barratt Browning, Sonnet 43)

Yes, there are many ways of resolving disputes, and it falls to the skilled legal practitioner to choose the right one.  It is no longer the case that going to court is the only way.

In criminal cases, court is the almost inevitable route.  But let’s not be so hasty.  If, for example, fraud is detected, going to the police is not necessarily the right choice to make.  If a business has suffered financial fraud – say, an accountant who has stolen cash, falsified records, run a scam with suppliers – the size of the fraud can often have brought the enterprise to the brink of insolvency.  The urgent need then is to recover the money – fast.  Reporting matters to the police can result in them seizing as evidence the very records which are needed to pursue the offender.  You need a skilled forensic accountant who can quantify the loss and help confront the offender for restitution, without destroying the evidence needed if a formal claim must be made, or if a criminal prosecution becomes necessary.

Read moreHow Many Routes to Resolution?