the SPG journal - spg.uk.comspg.uk.com/wp-content/uploads/2018/09/Solo-Spring-2014.pdf · our website. Although we respond to these consultations collectively on behalf of SPG, I

solothe SPG journal

Spring 2014

www.spg.uk.com

SPG Annual Conference 2014 Portsmouth – last chance to bookIt’s a Lawyer’s Life with SRA Chief Executive

The Life and Times of an Articled Clerk in the early 1950’s Part IVLetters from You • Certainty National Wills Register • Local Groups • Will Registration

A look back at Paris in the Springtime • The view from your Council MembersTalking to the SRA • Which way now for personal injury?

Includes:

2 Solo - Spring 2014 www.spg.uk.com

www.spg.uk.com Solo - Spring 2014 3

Welcome to the Spring 2014 edition of SOLO which I am sure you will find both informative and entertaining. We have decided that in order to make the most efficient and sensible use of SPG funds, SOLO will now be distributed to you twice a year instead of four times a year. However, you will continue to hear from us with regular updates informing you about what SPG is doing and what events we are running, through our monthly email newsletters. If you have not been receiving our newsletters and would like to do so, please contact our Co-ordinator, Hilary Underwood at [email protected] to subscribe. If you would like to receive your edition of SOLO by email only rather than receiving a hard copy through the post, please also contact Hilary.

I am almost at the end of my term as Chairman of the group and it has certainly been an eventful and busy year. At the outset of my term last June, I was very aware that SPG was entering into a new chapter and embarking on a brand new journey of independence. I was also very aware that SPG’s task is to work within the new legal landscape to support and assist the increasingly diverse nature of our own membership which reflects those landscape changes.

As sole practitioners, we now range from literally one-person bands through to firms with dozens of staff. However, we continue to share much common ground – the same regulator, the same regulatory regime, the same challenges of providing our highly specialist services to an increasingly demanding client base, at increasingly competitive rates. There is no doubt that as sole practitioners, we remain in the midst of very challenging times. Many firms have been hugely affected by the Jackson Fee Reforms. The impact of LASPO has been devastating for many, leading to hard financial times and sometimes closure. Criminal practitioners now face a similarly difficult future in light of the confirmed cuts to criminal legal aid. Conveyancing practitioners remain at the mercy of lenders panels and this issue deals with some of these difficult issues.

Yet we also share the same freedom to quickly and flexibly adapt our practices to keep abreast and even ahead of the fast-changing times and to run our firms with an agility, ethos and passion that are often envied (perhaps secretly!) by the rest of our profession. Perhaps that is why we are seeing a steady number of solicitors joining our ranks and starting up their own new and often specialist, niche practices.

The SPG has pressed ahead this year with positivity, determination and focus.

Our Annual Conference 2013 held in Paris was a huge and resounding success which only served to reflect the optimism and confidence that we have in our sector of the profession. If you didn’t make it to Paris, you can read more about what you missed, and see some of the wonderful photographs in this issue. If you did come along, then I hope you enjoy a nostalgic moment remembering a truly great weekend. Either way, I hope you will come along to our Annual Conference 2014 which will be held in Portsmouth from 16-18 May 2014 and will focus on CPD in relevant and current issues such as costs, marketing your practice through social media, data protection, COLPs/COFAs and the proposed changes to training and qualification arising from the Legal Education Training Review . This will also be a unique opportunity for you to meet Paul Philip, the new Chief Executive of the SRA, who will be attending for the weekend. You can read more about him in this issue and we wish him every success in his new role. Full details about what the weekend has in store and a booking form are included in this issue.

One of my main concerns as Chair has been to ensure that SPG remains relevant to you at a grassroots level and so SPG has continued to support its local groups. We have seen the number of groups grow again this year with the addition of a group covering the North West region, full details of which can be found on our Local Groups Page.

Alongside this, we have also introduced Regional Seminars to London, Birmingham and Bristol, which we hope will help you to attend relevant CPD accredited seminars at a very affordable price in convenient locations. So far, we have dealt with regulatory breaches/reporting requirements and mortgage fraud. We hope to roll out a programme of regional seminars more frequently and to a wider number of locations over the coming year. Please let us know if there are any particular subjects that you would like to see us cover.

Amongst many other things, Committee members have responded to a number of SRA consultations including ‘Increase of SRA Internal Fining Powers’ and most recently ‘Training for Tomorrow: Regulation Review’. Our responses to consultations can be read on our website. Although we respond to these consultations collectively on behalf of SPG, I would strongly urge you to also respond to them as individuals. They deal with significant issues which affect each and every one of us.

The SRA has produced a Policy Statement ‘Training for Tomorrow’ in response to the Legal Education Training Review Report published in July 2013 which maps out how the SRA intends adapting the education and training regime for practising and potential solicitors alike, bringing potentially massive and radical changes for the first time in 40 years, not just to the route to qualification but also to CPD requirements and the way in which the SRA will ensure the continuing competence of the entities and individuals it regulates. I would strongly encourage you to look at the SRA website www.sra.org.uk/t4t and engage in this very important debate.

FROM THE CHAIRMAN


Our website (www.spg.uk.com) remains a constantly updated treasure trove of information and know-how on issues of regulation, start-up, how to run a firm, and closure and I would encourage you to look at it regularly, as well as to join in our LinkedIn forum, where you can participate in lively and topical discussions with other sole practitioners.

Our SRA liaison committee have continued to hold their quarterly meetings with the SRA and you can read more about that in this issue.

This year has also seen the retirement of Sue Carter from her long-standing term of 8 years as a Law Society Council Member, though I am delighted that she remains a member of the Executive Committee. We would like to thank Sue for her many years of dedicated commitment to representing the interests of sole practitioners during her time on Council, during which she ensured that your voice was heard loud and clear in Chancery Lane by the key decision makers. I am also delighted that Lubna Shuja, our former Chairwoman, has replaced Sue as Council Member. Lubna and Ian Lithman now make a formidable force to be reckoned with! Please do contact them to share your views and concerns, so that they can, in turn, accurately represent those views and concerns to Council. Their details can be found on the Contact Your Executive Committee page.

I am delighted to announce that we have a new Executive Committee member, Nick Woolf from London, who brings a great expertise and common sense to the table. We always welcome members to come along and observe our Committee meetings, so please do feel free to contact Hilary should you be interested in this. As always, your Executive Committee members have continued to work tirelessly and I would like to thank each and every one of them for their dedication, passion and commitment without which SPG simply would not exist.

I am also pleased to announce that Certainty, the National Wills Register is now the SPG’s approved provider of will registration services. You will find further details at page 10. If you decide to use Certainty, please make sure that you do so by visiting www.certainty.org.uk/spg as by doing so, SPG will earn valuable commission to help run the group. Please do not use the main site of www.certainty.org.uk as the SPG will not earn any commission, if you do.

And finally.......SOLO is your journal, so if you would like to contribute an article or feature to a future edition, please contact Hilary with your suggestions.

FROM THE CHAIRMAN (continued)

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SOLICITOR SOLE PRACTITIONERS’ GROUPCONTACT YOUR EXECUTIVE

COMMITTEE 2014

CHAIRMAN VICE CHAIRWOMANRupert Scrase Kem Masinbo-AmobiScrase Employment Solicitors KMA SolicitorsThe Coach House, 52a Egerton Road Saracens HouseBristol, South Gloucestershire 25 St Margaret’s GreenBS7 8HL IpswichTel: 0117 985 1026 Suffolk IP4 [email protected] Tel: 01473 760046 [email protected]

HON. SECRETARY HON. TREASURER Clive Sutton Julian TaylorClive Sutton Solicitor Honley Law Practice3 The Old Print Works 24 Westgate85b High Street, Lymington Holmfirth, West YorkshireHants SO41 9A HD9 6AATel: 01590 672595 Tel: 01484 [email protected] [email protected]

COUNCIL MEMBER PAST CHAIRWOMAN, LOCAL GROUPSIan Lithman & COUNCIL MEMBERLithman & Co Lubna Shuja3 Lakis Close Legal Swan SolicitorsLondon 1st Floor, 168 Hamstead RoadNW3 1JX HandsworthTel: 020 7935 2212 Birmingham B20 [email protected] Tel: 0121 551 7866 [email protected]

LEGAL AID, EDITOR Of SOLO & CONfERENCE ORGANISER SPG CO-ORDINATOR Sushila AbrahamHilary Underwood S Abraham SolicitorsH A Underwood Solicitors 290a Ewell RoadUnderwood House, 32 Broadway Surbiton, SurreySheerness, Kent ME12 1TP KT6 7AQTel: 01795 663555 Tel: 020 8390 [email protected] [email protected]

WEBSITE CO-ORDINATOR CHAIR – PRACTICE SUB COMMITTEE Karen Purdy Martin T SmithPurdys Solicitors Old Coach House26 Pepperslade Old Road, LinsladeCambridge Leighton Buzzard, BedsCB22 4XT LU7 2RBTel: 01223 834655 Tel: 01525 374 [email protected] [email protected]

CHAIR – PROfESSIONAL SUB COMMITTEE SRA WORkING GROUP LEAD Hamish McNair David Leigh-HuntMcNair & Co David Leigh-Hunt SolicitorsEBC House, Ranelagh Gardens Bedford HouseLondon 76a Bedford StreetSW6 3PA Leamington Spa, Warwickshire CV32 5DTTel: 020 7371 7896 Tel: 01926 [email protected] [email protected]


THE LIFE AND TIMES OF AN ARTICLED CLERK IN THE EARLY 1950’s – Part IV 8

It’s a Lawyer’s Life 9

Certainty 11

Letters from You 12

LOCAL GROUPS 15

Council Members Report 17

Which way now for Personal Injury? 18

SPG 19TH ANNUAL CONFERENCE 2014 20

AGM – Saturday 17th May 2014 23

SOLICITORS’ PROFESSIONAL INDEMNITY INSURANCE (PII) & RISK MANAGEMENT SEMINARS 24

Talking to the SRA 25

Our Heartfelt Thanks 27

Lenders Panels 28

Letters 29

OOH LA LA.....A LOOK BACK AT PARIS IN THE SPRINGTIME 34

SPG In Action – UNRATED INSURERS 38

Contents

SOLO JOURNALContributions to SOLO are welcome. Editorial or Advertising – contact details are available on SPG’s website www.spg.uk.com.Editorial Board – Hilary Underwood, Rupert Scrase and Kem Masinbo-Amobi.Views expressed in SOLO may not be the views of SPG. SOLO is copyrighted to SPG.

Susan Carter Oluwakemi MosakuRoss Carter Emerald SolicitorsFairhaven, Rhinefield Road 17 New Road AvenueBrockenhurst, Hants ChathamSO42 7SQ KentTel: 01590 624422 Tel: 0845 050 [email protected] [email protected]

Nicholas Woolf Sukhjit AhluwaliaNicholas Woolf & Co Solicitors Avery Emerson67 Chancery Lane Gloucester HouseLondon 335 Green LaneWC2A 1ET Ilford, Essex, IG3 9THTel : 020 7242 6018 Tel: 020 8215 0884Email: [email protected] Email: [email protected]

Tahira ShaffiMikhael Law197 Rochdale RoadBury, LancsBL9 7BBTel: 0161 222 6092Email: [email protected]


Head Office; Huntingdon House, 278 - 290 Huntingdon Street, Nottingham. NG1 3LY Tel: 0115 9561213 Web: www.aprilking.co.uk

April KingT R A D I T I O N A L L A W . M O D E R N A P P R O A C H .

Dear ProfessionalAre you keen to develop your Private Client work? If so, we would like to hear from you. We invite independent lawyers throughout the UK to join our panel of associates.

You retain your independence completely, practicing as you do now, but benefit from our expertise in innovative legal solutions and client acquisition techniques, in return for a fee share agreement on new client files obtained through our association. There is no up-front cost or joining fee and client ownership remains 100% yours.

This is not simply about generating more clients or income, although that is indeed the case; but also about providing the very best legal solutions for clients. For example, we have over 30,000 clients who come to us having already made standard Mirror Wills with other firms. Why? Because these Wills no longer reflect modern day family structures. Work with us and we will show you why ‘Bloodline Trusts’ give greater protection to family wealth. As a full member of the Society of Trust and Estate Practitioners (step.org) I will personally help you develop this growing practice area.

You will be given precedents, templates, sample letters and training videos to put your practice at the forefront of the new legal landscape, while we focus on product development and marketing through seminars, Google AdWords and social media. Larger firms do not have a monopoly on legal innovation!

We already work with a number of sole practitioner solicitors and barristers with great success and have prepared a summary guide as to how we achieve this. We will be pleased to email you this guide; simply drop me an email in confidence to [email protected] with your contact details, geographical location and current areas of practice.

Whether you wish to develop your existing practice areas or diversify into new Estate and Family Law work then our summary guide explains how we can assist.

We look forward to hearing from you.

Kind regards, Paul King.


THE LIFE AND TIMES OF AN ARTICLED CLERK IN THE EARLY 1950’s – Part IV

(If you find this boring then email me and there won’t be a Part V)stuck. The lads rating with the two girls from the north fell to an all-time low and our lad was appointed the “rescuer”, due to his passing knowledge of the French language – which meant he had to find the means to have the van dragged off the pebbles.

Standing in the middle of the coast road at 4.00 am, for some reason the lad was successful in forcing a very drunk American, driving a Cadillac convertible, to take him to the nearest garage. Had he known that the American would be driving at nearly 100 mph and all over the road, he might have thought twice about thumbing a ride. When the lad arrived at the garage he found that his poor French was no worse than the tow truck driver who spoke “Argo”, so they had a perfect understanding, until the point where the lads had to pay him! The ensuing problem was that the other lads and the girls from the north had all conveniently fallen asleep, leaving our poor lad to drive the van over the Grand Cornish back to Alassio in the dark, around continuous hairpin bends.

At that time, smoking tobacco was the panacea that cannabis subsequently became – it was the drug of choice for the student. The lad took to Craven A and on the return journey to Dover had managed to persuade one of the other lads (who did not smoke) to take his allocation of cigarettes into the UK for him. Faced with a stern customs officer, the non-smoker caved in immediately with the result that the precious cargo was confiscated – but only after the lad had paid the duty! The lad learned his lesson and took up smoking a pipe.

The lad discovered that pipe smoking gave a sort of gravitas to his appearance. Plus the pipe took so long to light and to be kept alight that it did cut down satisfactorily on time spent in book learning!

Part V(may or may not follow – it is up to you dear readers!)

The problem with five years of Articles is what should a lad do for fun between passing Part II of the Law Society’s Intermediate Exam and attending Law School for some 6 months of lectures before taking the finals? “Simples” – he should get an LLB degree so that he is not seen to be a second class legal citizen just because it is obvious to all that he never went to university.

The lad and his three best mates signed on for a night school LLB course at the Oval where, for the first time, the lads encountered a Barrister/Lecturer. If it could be said that the lecturers at Lancaster Gate were a bit boring, then the lecturer at night school was the pits. The result, in retrospect, was that all three lads behaved like 12 year olds, even to the point of first being sent out to stand in the corridor and finally to being banned from attendance for their behaviour. Hence no LLB!

In passing, one of the Lancaster Gate lads (who took four shots at the Final and eventually qualified) called our lad on the telephone, about a year after admission, to tell our lad that he, his mate, had ‘got an LLB’. The lad was miffed and also amazed, to say the least, but subsequently discovered that ‘the LLB’ was a fee earner that had just been hired by his mate!

Holiday time came around again and three of the lads, plus one trainee pharmacist, set off to conquer Italy in a small Ford Van, their destination Alassio. Aside from the lad having to run from an irate Italian husband brandishing a flick knife for dancing cheek to cheek with his wife (all in the ‘honest’ belief that the husband was still in Milan), Alassio was uneventful! However, that all changed when it was decided to drive back over the French border and call into the ‘Whisky a Go-Go’ club in Juan-Les-Pins for the evening.

Having been in the Boy Scouts, the trainee pharmacist decided that the lads should be prepared and managed to secure two girls from Manchester to accompany them on the trip. Having spent an enjoyable evening at the disco the lads decided to park up on the beach, probably to just look at the sea! However, when it was time to leave, the van’s wheels just span on the loose pebble beach and they quickly realised that they were

Ian Lithman is one of SPG’s Council Members


It’s a Lawyer’s Life (Or at least a life dealing with lawyers!)....

with Paul Philip, Chief Executive of the SRA9. What makes you really angry and really happy?

What makes me happy is an easy one. I like listening to music (I have quite an eclectic taste) and spending time with my dogs. What makes me angry is a much longer list. Public transport, particularly the trains going down in the winter, is an example of something I find really annoying!

10. If you could change anything about your life, what would it be?

With hindsight I should have travelled more in my younger days. Also, I think I might have liked being a vet.

11. How would you like to be remembered?

I’ve never really thought about this one. My view is life is about living, you make your contribution now. When I am no longer around it doesn’t worry me that I might not (and probably won’t) be remembered.

12. What advice would you give to sole practitioners today?

Don’t be afraid of the SRA! We are keen to engage in dialogue with the profession and to work with you to ensure that the public continues to receive high-quality legal services. I shall be attending the SPG conference in May and I look forward to meeting many of you there.

In this edition, SPG asks Paul Philip:

1. What made you take up the post of Chief Executive of the SRA?

The SRA is a very well-established national regulator. It’s also a high profile organisation facing similar challenges to the GMC, so the prospect of being the new CEO was very appealing.

2. If you hadn’t taken up the post, what do you think you would have been doing today instead?

I would probably have still been working at the GMC, where I was their Deputy Chief Executive. I very much enjoyed this period in my working life and learned a lot during that time.

3. Do you wish you were?!

No, not at all. I am very pleased with my life choices and accepting the Chief Executive post at the SRA was a very good move for me.

4. Describe a typical day in the life of Paul Philip.

There is no such thing really, particularly at the moment when I am just getting up to speed with my new role. But if pushed, it involves lots of meetings, lots of reading!

5. What would you say has been your greatest challenge?

There have been a few. Most of the real challenges in the types of roles I have done are about changing perceptions and winning hearts and minds. This is always a difficult thing to do, whether with internal staff groups or external interest groups.

6. What has been your proudest moment?

Pass!

7. How do you manage to relax away from work?

I love walking my dogs and getting into the fresh air. I am an avid skier if I get the chance!

8. Is there anything still left to do on your ‘bucket list’?

Too much to mention! Mostly issues around travelling and seeing the world.

Paul Philip took up the post of Chief Executive of the SRA on 1st February 2014



The Sole Practitioners Group are pleased to announce that in conjunction with Certainty, through an SPG dedicated portal www.certainty.org.uk/spg, our members can now access a national Will search service for registered and ‘unregistered’ Wills. finding a Will following a death is one of the first tasks people face. firstly, some may look for a Will to check for funeral arrangements and secondly, everyone needs to look prior to proceeding with distribution of the deceased’s estate.

This is where the problem and risk can arise. If a Will can’t be found, was there one? If a Will is found, who can be sure it is the latest version? If the client says there wasn’t a Will, how can they be sure?

In a claim driven culture and in a practice area that attracts the second highest value of claims against our PI Insurance how do we help reduce the risk of a Will or subsequent Will coming to light after we have distributed the estate? In a society where matrimonial breakdown produces complex arguments over a couple’s assets and in this recession-burdened nation, inheritance is now being increasingly focused upon, and fought over.

One solution to help prevent a scenario arising that can result in disgruntled beneficiaries, administrators or executors bringing professional negligence claims is Certainty, the National Will Register.

Certainty provides the profession with a positive ‘circular’ solution consisting of the ability to be able to register a Will so it can be found. Importantly, Certainty also provides the ability to search for a Will that has not been registered.

To this end the Sole Practitioners Group is pleased to announce that in conjunction with Certainty, through an SPG dedicated portal www.certainty.org.uk/spg, our members can now access a national Will search service for registered and ‘unregistered’ Wills.

SPG have had open conversations over recent years with Certainty to understand whether the service it offers is of value to Sole Practitioners who provide Wills and Probate services to their clients. You may have met them at our recent conferences!

It is fair to say that the size of Certainty’s Register and its ability to search for unregistered Wills makes what they do very relevant. Of real value is the fact that Certainty Will search is now widely recognised to greatly reduce risk during estate distribution. Certainty Will search is legally referenced and recommended to establish the existence of a Will or the last Will and therefore

provides a practitioner with evidence of a search to reduce the increasing risk and mitigate against a negligence claim.

Indeed, last year at our Annual Conference, one of our speakers, Mark Baxter of Five Stone Buildings, explained how in his view we should not proceed with a probate or estate administration matter without a Certainty Will search being first carried out to protect against claims. Further to this, Thomas Dumont of Radcliffe Chambers, has issued a very clear legal Opinion stating the same.

An unknown Will that is found, is good for the testator, executor, family and the practitioner. The testator’s last wishes are upheld and the executors can distribute the estate with peace of mind. Certainty Will search provides a high level of ‘certainty’ and protection. We should welcome the opportunity in not having to take what could be an expensive risk, when a low cost Will search, which can be billed as an allowable disbursement from the estate, can be made quickly and easily.

Members should also be aware that SPG will receive a commission payment from Certainty on any Wills search conducted through the SPG dedicated portal www.certainty.org.uk/spg. This means that we can raise vital funds to continue to run SPG and to provide the services and support that benefit all our members.

To assist those of you who do not already use Certainty, there is a ‘How To Guide to Certainty’ available on our website at http://www.spg.uk.com/knowhow/certaintysearch/

In the meantime to perform a Will search (from £33+vat) visit www.certainty.org.uk/spg.

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Letters from You We would like to encourage you to write into SOLO with your views, comments, suggestions, or just to have

a general rant! Please send all letters either by hard copy or email to the editor and we shall do our best to

publish them in the next edition. Letters can be published anonymously.

The Law Society - fit for purpose?

(Or for the Classicists - Koros, Hubris, Ate, Nemesis?) by Ken Seakens

There is much that is good about the Law Society (TLS). Well, a fair amount anyway; let's not get

carried away.

It does certain things very well. It ponders changes in law and practice and produces very helpful

Practice Notes. It maintains a directory of practising solicitors which is nearly accurate. It has

Sections concerning Private Client, Property and Practice Management etc. which are generally

considered worthwhile. It offers Continuing Professional Development which many (some?) find

valuable. It provides expensive cafeteria/restaurant/meeting/function rooms and a library at its

headquarters in Chancery Lane available to all members (much like the Ritz). It has a growing,

ever growing, Equality & Diversity presence. Representation, not Regulation, is its soi-disant

mantra.

It organizes regular jamborees for members only some of which are cancelled for lack of

interest. It arranges roadshows on matters of legal import. It consults with the government of

the day on myriad legal and social issues occasionally to some effect (at times, unfortunately,

deleterious to the profession at large) and engages with the wider legal world - ABA, EU - on

matters concerning the practice of law in UK and beyond our shores. It records all of the

above in its vibrant, informative and essential Gazette (you will recognize it from the plastic

wrapping occupying your office floor - unopened).

TLS is managed, at least in name, by a Council of 100. 61 Geographical seats elected by

ballot of the profession and 39 Non-Geographical seats filled mostly by nomination. These

latter seats represent assorted groupings/specialities within the profession – Commerce &

Industry, Sole Practitioners, Women solicitors, Black & Ethnic Minority, etc., etc.

Behind Council, as it were, are the staff - many and varied. Leading them is a Chief

Executive, formerly a Secretary-General until John Hayes re-organized TLS into a more

familiar aping of the local authority sphere whence he came. You might reasonably

consider from any modest contemplation of the above that the profession was accordingly

very well served and you can get back to some profitable labour.

A straw poll of much of the profession produces, albeit anecdotally, much distressing

evidence which calls into question the facile conclusions of the above assertion.

Those of you privy to the on-line comments posted after Gazette or LinkedIn articles or

the conversations at gatherings of local law societies or CPD events might discern a more

critical frisson pervading the atmosphere. You might observe the diametrically opposite

view that the TLS has lost its way, become ponderous and ineffective and is no longer, if

it ever was, value for money.

The general tenor of such evaluation centres around a perceived dearth of consultation

with those who actually fork out for the maintenance of TLS, a "them and us"

perception and a fatalistic sense of abandonment by those nominally in post to

represent and support the profession at large. These perceptions may or may not

be true but they exist in growing numbers fuelled by a resentment of subsidizing an

organization which does not seem to improve the lot of so many ordinary practitioners.


There is no doubt that TLS Council means well and comprises solicitors who have the best interests

of the profession at heart. How is it then that they are perceived by so many of their professional

brethren as out-of-touch, irrelevant and patronizing - if the assorted comments referred to above

are anything to go by? I cannot explain the alchemy by which well-intentioned new Council

Members are absorbed into the prevailing Groupthink (it's real – look it up) of the TLS but,

indubitably, many are and it is potentially very unfortunate for the rest of us. "Received wisdom"

is not necessarily a reasonable yardstick but is too often allowed to pass unchallenged. Of course,

the staff write the papers for the Council from which you may draw your own conclusions. The

new and unheralded "Divisions" which TLS sought to foist upon an unsuspecting and unwelcoming

profession is a case in point.

Doubtless a politician here would call loudly for an enquiry but we poor mortals cannot aspire to

such siren calls and must make the best analysis we can of the facts available.

At which point enter the Deus Ex Machina – the dreaded SGM. It actually happened and I was there.

The subject was criminal legal aid cuts but the sub-plot was the perception of the rank-and-file

of TLS exertions upon behalf of the profession. There was enough hot air breathed out on both

sides to warrant a charge of Anthropogenic Global Warming but despite a TLS 3-line whip

and hordes of Council Members ,the motion of no confidence was carried, albeit by a narrow

margin. Whether TLS will change its ways in consequence is a much more difficult issue. But

I'll give you a clue - it won't.

Should TLS continue to ape its local authority model of governance or seek an alternative? Is

the TLS bureaucracy bloated, inadequate or just right? Should the less vocal membership care

more and engage more or just leave TLS to it and soldier on with its own business? Is Council

effective or a rubber stamp for the officials? Is TLS a member's organization or a private

fief? Should the profession be paying so much for assorted modest returns and the titular

governance of an offspring, the SRA, which is itself demonstrably and undeniably not "fit

for purpose" – and never has been. Whether BOB (don't they love their acronyms?) will ever

be able to produce any effective oversight of the organization which haemorrhages your

hard-earned funds remains an open question but I couldn't, in all honesty, anticipate any

realistic or timely beneficial expectations.

Perhaps some consideration might be given by the profession at large to its current

governance and the performance, in assorted spheres, of its professional body. Cutting

through the general apathy exhibited by the profession and attempting to gather together

its myriad strands are undoubtedly Herculean tasks but it surely behoves a learned

professional to consider these issues and use all available media to contribute an opinion

or two.

Only you can decide if TLS is fit for purpose.

Food for thought perhaps?

Ken Seakens 2014


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COLP and COFA Support to Help You Manage Your Risk

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SPG has a number of local SP groups around the country and details of all SPG Local Group Representatives, and any forthcoming local group meetings are given below.

If you are interested in attending a local group meeting in your area, then please contact your nearest Local Group Representative for further information about the next meeting. Details of all Local Group Contacts and local group meetings are given below and can also be found on our website at www.spg.uk.com.

If you are interested in setting up a Local Group within your own area, then do contact me as I may be able to assist you with the initial mail shots, expenses, venue and speaker. Local group meetings provide an opportunity for SP’s to network and support each other, obtain free CPD and cross refer business to each other. In the challenging times we are now facing, it is even more important for SP’s to meet and discuss how they can use their unique skills to provide effective competition to the bigger organizations.

The Annual SPG Conference is an excellent opportunity to meet other Sole Practitioners and I would urge you to attend as I am sure you will find it to be invaluable. The Annual SPG Conference 2014 is taking place on 16th – 18th May 2014 at the Portsmouth Marriott Hotel and a booking form is included with this edition of SOLO. Please ensure you submit your booking form and payment by 4th April 2014. I look forward to seeing you there!

Mrs Lubna Shuja (Council Member and Local Groups Co-Ordinator) Legal Swan Solicitors, 1st Floor, 168 Hamstead Road, Birmingham, B20 2QRTel: 0121 551 7866 or email: [email protected]

LOCAL GROUP CONTACTS & FORTHCOMING MEETINGSSPG ANNUAL CONFERENCE 2014

16 – 18 May 2014 – The Portsmouth Marriott Hotel, Southampton Road, Portsmouth, England, PO6 4SH. Booking form and programme included in this edition of SOLO and on the website at http://www.spg.uk.com/article/view/?id=543. Please contact Sushila Abraham at [email protected] for further details,

Birmingham/West Midlands

Mo Afzal – HMA Law Solicitors5 Tenby Street, Birmingham, B1 3EITel: 0121 200 1400 Email: [email protected]

Bournemouth

Lauren Annicchiarico – French Law MattersSuite1, First Floor, Richmond House, Richmond Hill, Bournemouth, BH2 6EZTel: 01202 355480 Email: [email protected]

Bristol

Stephanie Pritchett – PritchettsThe Moat, 1a Rosery Close, Westbury-on-Trym, Bristol, BS9 3H Tel: 0117 307 0266 Email: [email protected] or [email protected]

Forthcoming Bristol Local Group Meetings:

• 21 May 2014 at 6:00pm. Please contact Stephanie Pritchett for further details on [email protected]• 3 July 2014 at 6:00pm. Please contact Stephanie Pritchett for further details on [email protected]• 24 September 2014 at 6:00pm. Please contact Stephanie Pritchett for further details on [email protected]• 27 November 2014 at 6:00pm. Please contact Stephanie Pritchett for further details on [email protected]

LOCAL GROUPS


East England (Includes Suffolk, Norfolk, Cambs & North Essex)

Nigel George – George & Co SolicitorsOrchard Vale, Borley Green, Bury St Edmunds, IP30 9RWTel: 01449 737 582 Email: [email protected]

If you would like to attend a meeting in this area, please contact Nigel George who will be happy to arrange one if there is interest.

East Midlands

Tina Attenborough – Attenborough LawHawthorns, The Close, Derby, DE22 2ADTel: 01332 558 508 Email: [email protected]

Hampshire/Dorset/Wiltshire

Kirsten Woodgate – Woodgate & Co95-95 Palmerston Road, Southsea, Portsmouth, Hants, PO5 3PRTel: 02392 835790 Email: [email protected]

kent

Hilary Underwood – H A Underwood Solicitors Underwood House, 32 Broadway, Sheerness, Kent, ME12 1TP Tel: 01795 663555 Email: [email protected]

London Central/Essex

Michael Whittingdale – WhittingdalesSouth Wing, Chancery House, 53-64 Chancery Lane, London, WC2A 1QUTel: 020 7831 5591 Email: [email protected]

North East

John Scott – Reed Ryder & Meikle19 Northumberland Square, North Shields, Tyne & Wear, NE30 1QDTel: 0191 257 3222 Email: [email protected]

North West

Gareth Williams – GHW Solicitors19 Bolton Street, Ramsbottom, BL10 9HUTel: 01706 827042 Email: [email protected]

Surrey

Margaret A. Ilori – Capulet SolicitorsLink House, 140 The Broadway, Tolworth, Surrey KT6 7HT Tel: 0208 397 6949 Email: [email protected]

Sussex

Michael Bance Email: [email protected]

Thames Valley

Chris Stocker – Stocker & Co10a Buttermarket, Thame, Oxon,OX9 3EWTel: 01844 216995 Email: [email protected]

Yorkshire

Fleur Hinton – Guy & HintonLevel 5, 2 Wellington Place, Leeds LS1 4APTel: 01133662030 Email: [email protected]


On Monday 24 february 2014 Lubna and I sat in the Council Chamber at Chancery Lane for over five hours listening and contributing to the debate of the proposed MOJ reforms to the Criminal Legal Aid system that will decimate that section of the profession which undertakes criminal legal aid, with the result that most firms will not survive and those that do will not

be able to service the clients in the manner that they, and we, expect as normal.

During those five hours, numerous alterations and additions to a draft resolution on the matter were considered and voted upon resulting in a final short statement, that I for one, and I believe most other Council members, expected would be presented to the MOJ and the press as the profession’s position on the matter. That never happened and instead we had press and other Society releases which hardly reflected the tone and some of the content of the resolution.

The above meeting was a special meeting of Council called at short notice; as had been the special Council meeting, called again at short notice, that immediately followed the SGM and both were intended to show the profession that we were engaging with our members. The point about short notice is that if you miss three meetings you stand a good chance of losing your Council seat.

It is interesting that the City firms, as well as all other types of firms, are staunch supporters of Legal Aid practitioners both from a sense of availability of representation and justice for the common man but also in the case of some firms for reasons of self-interest; because they know that injustice will result and will damage the reputation held by this jurisdiction abroad and change us as the law of choice for foreigners.

On the matter of the SGM, called as a result of the campaign led by James Parry, the President and the CEO received a marginal vote of no confidence, which was not followed by a demand for a postal vote, which caused no one to resign. Parry stated that he wanted to “work with the Law Society to move

Council Members Report“I AM THE CAPTAIN OF MY SHIP! – I AM THE MASTER OF MY FATE!”

If you believe that then you will believe anything!things on.” Nick Fluck, Law Society President, said that there were “lessons to be learned from the debate and we will reflect on these developments.” He also stated that the society planned to “increase engagement with members.”

The President, in his Q & A for Council members before the SGM, offered constituency lists of names and addresses for precisely that purpose. However, my request, along with that of other non-geographical Council members, for lists of names and addresses of our members, was ignored or flatly refused in my case on the grounds that the SPG had no constituency. That effectively now creates a situation where some Council members are treated differently from others. Your Executive Committee has been obliged to spend a lot of time and money creating our own list of members, which cannot be just.

Ian Lithman is one of SPG’s Council Members

supporting solicitors

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Practice Advice Service Advice on legal practice and money laundering issues 0870 606 2522

Lawyerline Advice on client care and complaints handling 0870 606 2588

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Which way now for Personal Injury?Whilst you consider your own options, I advise you to take a cautious approach to the future in PI. I feel it’s still too early to see how far the legal sector will evolve. Perhaps some of the merger and acquisition activity has been ill thought out and rushed. Instead, consider diversifying and/or joining forces with like-minded professionals whilst analysing what PI work you have and whether there is any untapped local potential to generate more.

The sole practitioner I was working with had delegated their PI work to a team of two, a solicitor and a paralegal, whilst the sole practitioner dealt with the management of the firm as a whole. With fire fighting from one week to the next they had lost sight of both the value of the cases to the firm in terms of fee income, but also their potential to build a local reputation in serving the local community with a hands on and client focused approach.

When we looked at the cases, the client care given was extremely high and the handful of multi-track cases within a small, friendly and approachable firm illustrated just how important it is to provide vulnerable local clients with a hands on and accessible legal team. But of course, as with any independent operational review, room for improvement was found. Expert selection, evidence gathering, risk assessing, hourly rates etc. could all be improved and also there was clearly far too much time spent on lower value cases that would never be recoverable in a post 1 April 2013 world, so things had to change.

Considering options, including running down the personal injury caseload, redeploying staff or making them redundant, we found that the PI cases could be separated out as follows:

• 8-15 had the potential to be fast tracked to settlement to provide cash injections in profit costs. The value for most as low happy clients and cash gave the firm a much needed professional and financial boost

• Two had no prospects and were closed down and WIP was written off

• The remaining fast and multi-trackcases were forecasted in terms of cash flow, case plans and man hours required

Analysing the last group in this way gave insight in how the PI work could provide sufficient work for the team of two, with no need to plan for redundancies in the immediate future. In fact, there was almost two years breathing space, to consider the future in PI for the firm.

Personal injury (PI) lawyers are working in an era of fundamental and evolutionary change. Natural and evolving market forces have already delivered up some high profile law firm failures, while others have embarked upon vast redundancy programmes aimed at taking the fat out of their businesses. Lesley Graves, sole practitioner and managing director of personal injury consulting law firm Citadel Law, looks at how sole practitioners

can redefine their PI offering and how a thriving sole practitioner PI practice can be achieved.

We have a law firm client who is a high street, sole practitioner in a smallish town. When we first began our professional relationship it was very much a Doomsday picture in the personal injury world for sole practitioners caught up in the midst of market forces, regulatory and financial pressures.

How on earth could the firm compete with larger nearby firms with deep pockets, commercial and insurance relationships and the stomach for a wager on a future unknown? In larger firms, poor decisions, lost opportunities and financial losses can be more easily absorbed. When you are in business on your own, the reality of going one way or another can be terrifying and one you would rather not face, your approach to risk is likely to be far more cautious.

So, looking at what our law firm client had in terms of personal injury work, we analysed their future, risk averse, options.

• Where was future, profitable work going to come from?

o What kind of work did they want?

o What work did they need to survive and thrive?

o Could they afford to buy work in?

• Who were the competitors?

• Was volume of PI cases really all that matters? Is bigger really better?

• Should they just give up completely?

Many across the legal sector have been caught up in market hype and lost their way, believing the only way to compete with others was to drive volume and process through PI work. In my experience though, if you are a small high street practice, with a skill set that can generate good PI cases from local sources, you don’t actually need that many to turn a profit in the short term, whilst you consider longer term options and wait to see how the market evolves.

Lesley Graves is the CEO of Citadel Law – specialist personal injury consulting law firm www.citadel-law.com


There is work out there for the sole practitioner who wants to continue to provide a local, client facing, approachable and accessible service. The best advice I can give it to not bury your head in the sand. Use this time to look at your work and the processes you employ and just see if it is time for a change. Yes you may have to write off some work but then that will give you time to find more profitable work that will help ensure you are working smart and evolving along with those around you.

This process also showed that many of the clients were local. We therefore looked at a local marketing campaign that involved local press, commercial and influential private clients, and contacts of the firm.

The time and cost involved in putting this marketing campaign together and negotiating advertising space, over a 12-18 month period, was less than the costs the firm paid at the time to procure five PI cases from a referrer. The results were outstanding. In the first 12 weeks alone two multi track cases and a handful of fast track cases were taken on, as well as increased enquiries in other business areas.

It may not seem like a lot but for a team of two with a managing partner considering options as the wider market was scrambling and bemoaning the future, it was, in fact, enough to test a new way of working. It provided time to consider other options and assess in much greater detail just what the PI work was likely to generate from both what was left in the filing cabinet and what could be generated from a relatively small spend and effort locally.

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SPG 19TH ANNUAL CONFERENCE 2014 16th – 18th May 2014: A NAUTICAL RETREAT

We are thrilled to announce that the SPG 19th Annual Conference will be held this year from 16th – 18th May 2014 at the Portsmouth Marriott Hotel. Portsmouth is a beautiful location for our annual weekend away together and a great location to bring the family.

The golf tournament is back on this year and will be teeing-off at lunchtime on Friday 16th May 2014 at the secluded Marriott Meon Valley Hotel & Country Club, set in 225 wooded acres of rolling countryside.

The Conference will then begin, as always, with a relaxing welcome evening on Friday. This year, we will be hosting a barn dance with a hog roast buffet, served with various accompaniments, halal chicken and vegetarian options so come prepared to let your hair down for a hoe-down.....jeans and cowboy boots permitted!

As always, the business programme will provide delegates with 8 hours CPD and will commence on the morning of Saturday 17th May 2014. The business programme this year features key leaders within the profession and experts in their field, including Paul Philip, new SRA Chief Executive, Chris Kenny, LSB Chief Executive, Professor Julian Webb, Head of the LETR Research Team and representatives from the Law Society and Legal Ombudsman, alongside practical sessions dealing with data protection, social media, costs , COLPs/COFAs and an Annual Legal Review.

We will once again be hosting our Annual Gala Dinner on Saturday evening and this year, we are delighted to be doing so aboard HMS Warrior, the first ironclad armour plated warship of the British Royal Navy commissioned in 1860, currently at dock as a museum ship at Portsmouth Historic Dockyard. The evening will therefore have a naval/nautical theme, with a dress code of naval/nautical outfits for those who would like to do so, to contribute to the atmosphere of the evening! For those who would prefer

not to do so, the dress code will be black tie, though ladies should please note that NO stilettos/high heeled shoes are permitted on board HMS Warrior. Heel Stoppers can be worn over stiletto heels and are available at www.cleanheels.co.uk and most good bridal shops/shoe shops. The evening will include an after-dinner address by Patrick Keefe, former Royal Navy Commander and The Commander at HMS Nelson and now CEO of the Church of England Soldiers’, Sailors’ & Airmens’ Housing Association (CESSA HA) and live 7-piece band entertainment.

The business programme will then continue on Sunday morning, closing at 1.30pm.

We hope the Conference will be not only practical and informative, but also lots of fun, with plenty of time to relax with family, friends and colleagues. Sample the views from the Spinnaker Tower, take a wander around Gunwharf Quays and experience the nostalgia of the historic dockyard, which now includes the recently opened Mary Rose Museum. Or simply take some time out to relax in the hotel indoor pool and health club.

To book your place for the conference please complete and return your cheque and booking form to our conference organiser, Mrs Sushila Abraham whose contact details appear on the form.

If you have any friends and colleagues in 2 – 3 partner firms, who you feel may also benefit from the business programme, please do feel free to forward details to them.

We understand that other commitments may mean you cannot attend for the whole weekend and we always welcome day delegates too.

We hope that you will come along and join us.....see you there!


Solicitor Sole Practitioners’ Group19th Annual Conference

Portsmouth Marriott Hotel, PortsmouthFriday 16th – Sunday 18th May 2014

*Programme

*Please note this programme is subject to change.

Friday 16th May

12.30pm lunch Golf Tournament – Marriott Meon Valley Hotel & Country Club1.00pm Tee off

7.30pm to 10.00pm Welcome Buffet

8.30pm to 11.30pm Barn Dance (Mary Rose Suite)

Saturday 17th May (5 hours CPD)

8.30am – 11.00am Conference – registration desk open

9.30am – 9.55am Welcome to Conference & keynote Speaker Rupert Scrase Introduction by the Chairman of SPG Paul Philip – Chief Keynote Speaker Executive of the SRA

9.55am – 10.35am SRA Update Paul Philip – Chief Update from the last 12 months Executive of the SRA

10.35am – 11.15am Update from LeO Legal Ombudsman

11.15am – 11.35am Refreshments, exhibition and networking

11.35am – 12.30pm SPG AGM SPG Executive Sponsors address followed by AGM with Question & Answer session Committee

12.30pm – 1.30pm Lunch, exhibition and networking

1.30pm – 2.30pm Data Protection Stephanie Pritchett Social Media Zoe Cairns

2.30pm – 3.30pm Costs and retainers Lesley Graves

3.30pm – 4.00pm Refreshments, exhibition and networking

4.00pm – 5.30pm Annual Legal Review Melanie Craig • FamilyLawUpdate Speakertobe • Conveyancing–EDRS confirmed • Anti-fraudmethods&newcasemanagementtechnologies PhillipOldcorn • Employment JenniferRenney

6.45pm Departure by coach from the hotel to HMS Warrior

7.30pm – 8.15pm Drinks Reception followed by SPG Annual Gala Dinner & Dancing aboard the HMS Warrior (Dinner sponsored by Prime Professions)

Sunday 18th May (3 hours CPD)

9.30am – 9.45am Law Society Update Speaker to be confirmed

9.45am – 11.15am LETR – Legal Education and Training Review Chris Kenny – Chief Executive Legal Services Board Professor Julian Webb – Head of LETR Research Team Julie Brannan – SRA Director of Education and Training

11.15am – 11.35am Refreshments, exhibition and networking

11.35am – 12.35pm COLP & COfA Update Joanne Cracknell

12.35pm – 1.30pm PANEL QUESTIONS Paul Philip, (Questions from delegates for the panel) Chris Kenny, Panel Session with the Law Society, the SRA, Head of LETR Research Team, Professor Julian the Legal Ombudsman Webb and speakers to be confirmed.

1.30pm Close – SPG Conference Rupert Scrase Closing comments – SPG Chairman


SPG 19TH ANNUAL CONFERENCE, 16-18 MAY 2014Portsmouth Marriott Hotel

BOOkING fORM Please complete both pages of this form (photocopy if necessary) and return it with payment by friday 22nd April 2014 to:

The Conference Organiser:

SPG c/o Mrs S Abraham, 290A Ewell Road, Surbiton, Surrey KT6 7AQ.For queries, email: [email protected]

Delegate details Title

full Name: Mr/Mrs/Miss/Ms/Dr

firm/organisation:

E-mail address:

Please tick if you are happy to be contacted by e-mail about events and products by SPG

Address:

Town:

Postcode: DX:

Tel: fax:

Additional requirements: e.g. access, dietary:

Delegate Fee Sole Practitioner Delegate £180.00 (incl. VAT)

Non Sole Practitioner Delegate £ 240.00 (incl. VAT) (inc: 8 hours CPD, lunch on Saturday for delegate only)

Name of guest (if applicable):

Golf (inc lunch) – Meon Valley Golf Course - bring your own equipment £33.00 (incl. VAT)

Delegate – Friday Welcome Buffet & Barn Dance £30.00* (incl. VAT)

Guest of delegate – Friday Welcome Buffet & Barn Dance £30.00* (incl. VAT)

Delegate – Saturday Gala Dinner aboard HMS Warrior £72.00* (incl. VAT)

Guest of delegate – Saturday Gala Dinner aboard HMS Warrior £72.00* (incl. VAT)

*Includes wine and soft drinks

Total payment: £ Cheques are made payable to “SSPG Ltd”

Food optionsfriday night – Buffet & Barn Dance (two buffet sittings – select one and indicate how many people are attending):

7.30pm 8.30pm (vegetarian and halal meat options available)

The Barn Dance will be from 8.30pm – 11.30pmSaturday – Gala Dinner – Aboard HMS Warrior (select one option per attendee)

Duck Vegetarian


Accommodation – bookings to be made DIRECTLY BY DELEGATE WITH THE HOTEL (after 4th April 2014, rooms are subject to availability and cannot be guaranteed, so book early to avoid disappointment)

Portsmouth Marriott Hotel – £84.00 incl. VAT single*, £94.00 incl. VAT double/twin*. To book call the Hotel on 0800 221222 and quote S16. Marriott Meon Valley Hotel & Country Club – £88.00 incl. VAT single*, £98.00 incl. VAT Double/Twin*. To book call Central Reservations on 01329 833 455 and select option 1 or through MarriottMeonValley.co.uk. Quote block code: SSP & block rate: SSPA *Prices per night.

friday Welcome Buffet & Barn DanceThis year our Friday evening welcome event will be a barn dance, with a hog roast, served with various accompaniments, halal chicken and vegetarian options. There will also be a chocolate fountain. Do feel free to let your hair down and come dressed for the occasion, jeans and cowboy boots permitted!

Saturday Gala Dinner aboard HMS WarriorThe Gala Dinner is taking place aboard HMS Warrior. We will therefore be hosting the evening with a naval/nautical theme and the dress code for the evening will therefore be naval/nautical outfits to contribute to the atmosphere of the evening!

For those of you who would prefer not to wear fancy dress, please come dressed in black tie.

IMPORTANT REMINDER: Ladies should please note, however, that NO stilettos/high heeled shoes are permitted on board HMS Warrior. Heel

Stoppers can be worn over stiletto heels and are available at www.cleanheels.co.uk and most good bridal shops/shoe shops.

SPG 19TH ANNUAL CONFERENCE, 16-18 MAY 2014Portsmouth Marriott Hotel

AGM – Saturday 17th May 2014NOTICE IS HEREBY GIVEN TO ALL MEMBERS OF THE

SOLICITOR SOLE PRACTITIONERS GROUP (“THE GROUP”)(a) That the 21st Annual General Meeting of the Group for 2014 will be held at 11.35am on Saturday 17th May 2014 at

The Portsmouth Marriott Hotel, Southampton Road, Portsmouth, England, PO6 4SH.

(b) That there will be vacancies for elected members occurring on the Executive Committee of the group. For details of the vacancies please contact Clive Sutton.

(c) That nominations to the Executive Committee must be sent in writing to the Honorary Secretary, Clive Sutton, and be received by him no later than 19th April 2014. (The nomination form can be obtained from Clive Sutton. His address is 3 The Old Print Works, 85b High Street, Lymington, Hants SO41 9A or email [email protected]).

(d) That all candidates, proposers and seconders must be members of the Group.

Clive Sutton Honorary Secretary

SPG AGM Agenda 2014

1. Apologies

2. Minutes of last meeting

3. Matters arising

4. Chairman’s report

5. Hon. Secretary’s report

6. Hon. Treasurer’s report

7. Election of Members of the National Executive Committee

8. Proposals

9. Any Other Business

*Any proposals of which prior notice, in accordance with the constitution, has been given to the Honorary Secretary will be put to the meeting for consideration and a vote.


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Talking to the SRA Focused Regulation alongside the introduction of ABSs has meant that the management of a legal practice is identified as being a matter for the discretion of the COLP and the COFA in each case, as opposed to the old style rule book procedure under the former Solicitors Code of Conduct. I do not think I exaggerate when I say, taking a broad view, that if the COLP and the COFA can subsequently justify their decision to take an action or adopt a certain policy, then OFR allows them to do that. From an ordinary practitioner’s point of view (specifically an SP by definition on his/her own) this can be daunting. The core of it is that the decision has to be justified in retrospect and the worry is that it will be attacked. Our working party is very aware that in the larger practices where there may be rule by committee even where the COLP and the COFA are individually responsible for their actions, they have the advantage of input from colleagues whereas the SP does not have that benefit.

Together with a number of other solicitors (both sole practitioners and those in partnerships) I offer to practitioners advice on a helpline under the Solicitors Assistance Scheme. This is free at the point of the initial telephone call and it may be of help to SPs. It is worth mentioning that just inside the front cover of SOLO, we set out photographs of our National Executive Committee members and their locations with email addresses etc so that SPs who have a problem can contact their nearest representative.

Throughout a number of our meetings during the last year or so of our small group with the SRA, I have raised the question of how the average practitioner decides whether a perceived breach of conduct /practice management is a “material breach” or a “non-material breach” as defined by the SRA. I think it is unsatisfactory at present that there is not a written down, detailed, definition of these. The received wisdom from our last meeting seems to be that the question of keeping a record of material and non-material breaches by a COFA is a matter for the COFA’s discretion. This, of course, opens up quite a ball game! What has happened up until now, since the concept was introduced a year or so ago, is that many COFAs have recorded every default and then at the appropriate stage reported these defaults to the SRA , thereby inundating the SRA with a mass of details. I think the lack of guidance so far from the SRA is because they are still on a learning curve and are unable, manpower wise, to absorb the vast amount of information from practitioners relating to relatively minor defaults in every day practice life.

The implication of that, so we are advised, is that if a COFA can justify a decision whether to record or not to record and whether to treat a breach as material or non-material, this is a matter for the discretion of a COFA which they could be called upon to justify subsequently. In broad terms, the concept of a material

The National Executive Committee of the SPG have a standing working party which meets up regularly with the SRA, a small group comprising Of myself, Sushila Abraham, Hamish McNair and Lubna Shuja (our immediate past Chairman and Council Member). The objective of these meetings is to interface at an informal level with specialist members of the SRA. We always find these meetings constructive.

We had our last meeting with the SRA in December 2013. It is clear that the

SRA are still working their way through implementation of the relatively new regulations surrounding COLPs and COFAs. These were created to deal with the advent of ABSs. The commercial orientation of ABSs and the potentially complex nature of their business structures is a challenge for the SRA. The concept revolves around the principle of there being at least one regulated solicitor in a particular organisation. There is no requirement to have a particular number of regulated solicitors. This means in practice, as I see it, there can be any number of employees of an ABS engaged in the provision of legal services who are not solicitors or barristers or members of ILEX, or indeed trained in law at all. Personally I am uncomfortable with the concept of legal services being delivered in this way when there is so much open criticism of the standards applied by un-qualified will writers and claims handlers of all descriptions whose prime interest is commercial profit as opposed to the integrity of a professional service.

We asked that they should take a hard look at businesses offering legal services other than through solicitors – for example, claims managers and will writers (even though there appears to be an up hill issue on this one in view of the recent decision of the MoJ).

I understand that the number of applications to register an ABS and the number of ABSs actually registered is numbered in hundreds rather than thousands. We gathered that the registration process can be fairly laborious because of the number of enquires the SRA have to make. The variety of organisations who have applied for the status is very diverse including a number of small solicitors practices and indeed sole practitioners!

Concurrently, there is the issue of how COLPs and COFAs should perform their duties. The first is the key solicitor in a relevant organisation and the second is the key person responsible for financial management (not necessarily a qualified solicitor or qualified accountant). The introduction by the SRA of Outcomes

David Leigh-Hunt fronts a standing working party from the SPG National Executive which meets regularly with the SRA


for different levels of QASA are still regarded as registered. The registration process was an initial portal and now, presumably as the judicial review is out of the way, we shall hear more from the SRA as to implementation of the scheme. All solicitors who have registered for the scheme are automatically in at the lowest level which covers advocacy in a magistrates court. Personally, I think that this will be tweaked eventually and will not be a passport for every SP to be able to pop in and out of a magistrates court as has been a tradition in the profession and that an SP will have to make a policy decision on whether to do regular work in the magistrates courts or not.

At our meeting, there also came up a discussion about accounts reports. This appears to be a fluid area so far as the SRA are concerned. I am aware that every year they are inundated with a large volume of accountants reports and they do not have the man power to analyse and probably will not have the capacity to store them for much longer. A few years ago there was talk of the annual audit being varied in some ways; possibly a requirement every so many years, alternatively some kind of requirement for a certificate from an accountant that the solicitors annual accounts for business purposes/tax returns are in order and a separate audit for the benefit of the SRA is un-necessary.

At our meeting the SRA pointed out that if there was a difficulty in getting accountants reports into the SRA on time or a difficult situation then the SRA are open to discussion as to the timing of the process. They indicated that there is always an opportunity for a reasonable approach so SP’s should be forthcoming about any difficulty rather than trying to fudge the issue.

We raised the question of authorisation of new Practices, in particular those of SP’s starting out for the first time on their own without the benefit of in-depth commercial experience, business plans, records and accounts etc. We expressed the view that the authorisation process is unduly complicated and asked that we be consulted about the format of the forms which are being used. The lady at the SRA who is now dealing with the matter has recently arrived there and we were assured that she would revert to us before too long.

Finally, we should all be aware of the longer implications arising from the Legal Education Training Review report which was published last July. The SRA has produced a policy statement entitled ‘Training for Tomorrow’ in response to the report and which can be read on the SRA website at http://www.sra.org.uk/sra/policy/training-for-tomorrow/resources/policy-statement.page. This maps out how the SRA intend to adapt the education and training regime for practising and potential solicitors alike, bringing potentially massive and

breach hinges on whether the event has had a major, negative effect upon a client’s interest or a major, negative effect on the integrity of the Practice. I would like to see at our Annual Conference a definitive talk from a member of the SRA on the subject.

We also discussed the issue of practitioners being required to report complaints. Is an expression of dismay or discontent by a client a complaint? The advice we have received is that for the purposes of keeping one’s Complaints Register it is appropriate to record and register an event when the client or relevant third party formalises their complaint. This is on the assumption that where one has dealt with the issue on an informal (possibly verbal) basis with the complainant and either the complaint has been withdrawn upon clarification from the practitioner or a resolution has been found, it is unnecessary to record/report it. It only gets serious when the complaint reaches the offices of LEO and is accepted there for investigation. At our recent meeting, the SRA expressed the view that a recordable complaint for the purposes of reporting this on a practising certificate application is only where LEO has concluded an investigation adverse to the Practitioner. It perhaps goes without saying that if LEO is investigating an issue surrounding quality of service, that does not raise issues of conduct which the SRA would want to investigate. SPs should however be mindful that a concluded complaint in the offices of LEO will get reported to the SRA and may result in action from there on the conduct aspect.

SPs should be aware, if they are not already aware, that under the new policy of LEO a concluded adverse investigation is liable to be published by LEO on their website and to be repeated on the SRA website. It appears that publication is not automatic but what is seen as a serious case will be published.

At our recent meeting, we also reviewed the latest venture to be undertaken by the SRA which is to gather information on practices about diversity. Particular focus is on racial and gender diversity. The questionnaire was not satisfactory because it is not obligatory to answer some of the questions. Furthermore, in my view, the exercise is unsatisfactory as there is no clear perspective as to how the information will be used or applied against the background of commercial reality of a solicitor running a business which has to work in the market in which it finds itself. I found completion of my details laborious, not to mention my computers link with the SRA website crashing in the middle of my exercise!

At our meeting we also had a brief report on the progress of QASA. At the time of the meeting, the SRA were awaiting the outcome of an application for juridical review and I note that very recently the Supreme Court has rejected the application. This is notwithstanding the fact that it will place a difficult burden on first instance Judges being asked to evaluate the abilities of advocates appearing in front of them, some of them regularly and who they may know socially. Likewise, advocates will be tempted to play up to the Judges they appear in front of at the expense of their clients. We were advised by the SRA person in charge of the scheme that currently all those who registered


radical changes for the first time in 40 years. The SRA is running three consultations dealing with three different aspects of their policy statement. The first of these, which has now closed, dealt with the SRA’s proposals for a new regulatory framework for education and training. The second consultation is now open and deals with a proposed new CPD scheme of continuing competence. Its closing date is 2nd April 2014 and I would encourage you to respond to this. The third consultation will take place in the summer and will deal with the development of a competence framework whereby consideration will be given as to the common standards required by solicitors at the point of qualification ie the knowledge, skills and attributes required by solicitors on day one of qualification, focusing on a system of outcomes and standards. This approach is in line with an outcomes-focused profession, and a changing legal landscape whereby the focus may become the specific roles undertaken by an increasingly specialised profession, rather than a generic solicitors qualification. The implications of these consultations and proposed reforms are huge and far-reaching and it behoves us all to get involved with the debate, rather than simply complain after the event. We are going to be very privileged to be joined at our Annual Conference in Portsmouth by Professor Julian Webb, the Head of the LETR Research Team, so please come along and take the opportunity of asking questions of the expert and hearing the answer straight from the horse’s mouth.

David Leigh-HuntFebruary 2014

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Our Heartfelt Thanksin the council chambers of Chancery Lane. We are grateful to her for all her hard and often thankless work.

Sue decided to step down as Council Member last summer and Lubna Shuja, former Chairwoman, has taken on the vacancy, alongside Ian Lithman who remains our constant rock! We wish her every success in her new role.

The SPG Executive Committee would like to say a heartfelt thanks to Sue Carter who has faithfully served as one of SPG’s Council Members for 8 years. She has done so with passion, commitment and at great personal sacrifice of her time. She has been influential in voicing the concerns of SP’s upon many issues and has sought to do her utmost to ensure that the interests of SP’s are heard

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Two years ago also saw HSBC’s panel being run by Countrywide Property Lawyers, with many expressing dissatisfaction with the clear conflict of interest in this approach and SP’s only allowed to act on purchases up to the value of £150,000 which rules out much of the South East. Many SP’s continue to fight this battle with HSBC and we hope the following letters from some of them will inspire you to take up the mantel. The letter from HSBC was received in response to the request that HSBC re-consider the use of restricted panels, following a difficulty when Countrywide took over 96 hours to deal with an urgent faxed request from HSBC itself!

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OOH LA LA.....A LOOK BACK AT PARIS IN THE SPRINGTIME

On Saturday morning, the business programme began in earnest with updates from Antony Townsend, Chief Executive of the SRA and Adam Sampson, Chief Legal Ombudsman. After lunch, delegates took part in a useful and practical workshop on COLPS and COFAS, followed by updates on personal injury given by Linda Lee, former Law Society President, family law, probate and property/conveyancing.

Our Saturday evening Gala Dinner with the theme of “Masquerade” was tremendous fun and was a wonderful opportunity for glamour and mystery, as everyone arrived for dinner hidden behind extravagant and colourful masks, as was fitting for Paris. During dinner, raffle tickets were sold which raised £1375 for our chosen charity The National Autistic Society, the leading UK charity for those with autism and Aspergers Syndrome and their families.

Despite a late night of eating, drinking and making merry, delegates once again continued with the business programme on Sunday morning, beginning with an update from The Law Society and the Legal Services Board, followed by an informative look at retirement and exit strategies, Solicitors Accounts Rules, VAT and residue client funds, and rounded off with an entertaining and interesting panel session consisting of the Law Society, SRA and Chief Legal Ombudsman.

When delegates and partners found a spare moment, they were also able to enjoy the gym and spa treatments offered in the hotel, making the weekend not simply about work, but about quality time away as a family. Indeed, many delegates chose to arrive a day early or stay on after the conference, to enjoy the architecture, history, shopping and cafe culture of the city.

All in all, not a bad way to earn one’s CPD points!

It is hard to believe that we are almost one year on. Time has flown. So now let’s begin to look forward to another fabulous year’s conference in Portsmouth.....we do hope you will join us!

The weekend of 10th – 12th May 2013 saw many of us leave behind the white cliffs of Blighty and head to the glamour and beauty that is Paris in the springtime. The Paris Marriott Rive Gauche hotel was our venue for our first ever conference held abroad and provided delegates and their families with a luxurious base from which to enjoy both the conference and the delights of the city. Our weekend began on friday evening in the style in which we intended to go on, with a tasty buffet, followed by a fabulous evening coach tour of the city and a cruise along the River Seine. Delegates and their families were able to relax together and enjoy the sights and sounds of the beautiful city by night.





SPG In Action UNRATED INSURERS

Any insurer which is allowed to supply insurance services should be sufficiently regulated to a minimum standard by the financial regulator and the profession should be able to choose from any such insurer with confidence.”

Very few sole practitioners will fall outside the parameters of the government’s financial compensation scheme and practitioners should be aware that taking limited liability may take them outside of the scheme.

At this stage without more information the Group cannot be satisfied that the recent insurance failures have impacted on clients, as opposed to the firms which chose to take them. The Group wishes to avoid any reaction to the recent difficulties which is likely to have the effect of increasing the costs of practice, directly impacting on the often modest profits of the sole practitioners who largely provide a very straightforward user-friendly and cost-effective legal service to the public. The Group will approach the consultation paper with those points in mind.

Clive SuttonHonorary Secretary

The Solicitors Regulation Authority is concerned by the cancellation of cover recently by non-rated insurers. They have issued a consultation paper about their proposal for a requirement that all professional indemnity insurers have a rating of at least “B”.

The following was requested as an article by the solicitors Journal and inserted in the paper during February. The response to the consultation has been agreed by the executive committee along those lines.

“The question of the financial stability of professional indemnity insurers has always been of great importance to the Sole Practitioners Group. Professional indemnity insurance is one of the major costs of any sole practitioner being shown in the SRA consultation paper as more than 6% of gross profits for sole practitioners as opposed to 2.5% for other firms. For sole practitioners with any claims record it can be considerably more.

The enlargement of the market to allow entry of competition has had the effect of allowing firms to access insurance from insurers who wish to use low premiums to attract market share. The SPG has regularly been asked for its opinion about unrated insurers providing competitive premiums. Up to now the Group have relied firstly on the protection of the Financial Services Authority compensation scheme as a long stop position to protect clients and secondly the advice of the Groups preferred broker, Prime Professions, now part of the Willis Group, who incidentally have not placed any of their insurance with the unrated insurers which recently caused problems in the market.

The SPG see this problem primarily as one of regulation for the financial regulatory authorities to monitor insurers generally, and who should have been able to prevent the difficulties which have arisen. Whilst the SRA obviously needs to monitor the protection of clients primarily and solicitors, the SRA should not have to expend the financial support it obtains from the profession in doing what would appear to be primarily the job of the financial regulation authority and the government.

Clive Sutton, SPG Honorary Secretary


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