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MOOT HHJ Adele Williams, Resident Judge, Canterbury Crown Court James Laughland, Barrister, 2 Temple Gardens Per Laleng, Mooting Co-Ordinator, University of Kent You are cordially invited to attend both the moot and the reception. Please do your best to attend as we know your attendance would be much appreciated by the Society, the University and the students. R.S.V.P. TO Alexander Wright at the following address: Alexander.Wright@asb-law.com |
TRAINEE SOLICITOR SECONDMENT SCHEME |
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NATIONWIDE LEAVES DOOR AJAR OVER "DORMANCY" PANEL CUT Law Society Press Release 19th January 2012 Nationwide has decided to use dormancy as a reason to remove law firms from its mortgage panel. Only firms that are on the Law Society's Conveyancing Quality Scheme or who can prove they have been active in the last 12 months will be able to appeal to be reinstated. Click here for full text of the Law Society's press release. |
HSBC BANK PLC - PANEL MANAGEMENT ARRANGEMENTS 20th January 2012 Des Hudson, Chief Executive of the Law Society, has written to the profession concerning HSBC's decision to create a panel of just 43 firms to service its UK mortgage customers. |
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LATEST NEWS ON RENEWALS - OPPORTUNITY TO FEED BACK TO SRA 20 January 2012 The SRA wrote to the profession on 20th December announcing a phased process for renewing Practicing Certificates online. Des Hudson, Chief Executive of the Law Society, wrote to the profession on 13th January confirming the timetable for completion of the renewal process. Firms and individuals whose first-occurring letter for their full name begins with A to D have until Monday 13th February to complete the process. All other firms and individuals have until Tuesday 21 February. The deadline for activating your mySRA account passed on 13 January 2012. Des Hudson has written again on 20th January. He says the Society is aware of the high levels of concern amongst members about the accessibility and useability of the online PC renewal system and the difficulties some have had in either completing the activation or registration of "mySRA" and the renewal process itself. He reports that the SRA intend to conduct a 'lessons learnt' exercise early this year and the Society will encourage members and firms to participate fully in that review. The Society is training the Regional Management team to offer some practical support to firms that are having continuing difficulties. The following link accesses the renewal guidance video which the SRA has produced. VIDEO The SRA contact centre has agreed extended hours from Monday 16th January. These are: Monday and Friday 8.30 - 17.00 Tuesday, Wednesday, Thursday 8.30 - 19.00 Saturday (from 21/1) 9.00 - 14.00 Please note that two centres are operating - one to deal with questions regarding activation of "mySRA" rwegistration and one dealing with all other types of enquiries. For the full text of Des Hudson's letter of 13th January, click here. For the renewal timetable, click here. For his letter of 20th January, click here. |
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BE AWARE WHEN ADDING CLIENTS ON SOCIAL NETWORKING SITES - WARNS LAW SOCIETY Law Society Press Release 6th January 2012 Solicitors should be cautious before adding a client on sites such as Facebook warns the Law Society. The social networking site is widely recognised as a site for personal rather than business use and there is a risk of merging professional and personal lives, which could result in a breach of client confidentiality. Online social networking provides opportunities for the legal profession, both commercially and in terms of professional networking, but also presents challenges to the core duties of solicitors. If you make 'friends' with clients on Facebook, for example, you should evaluate whether this may affect any of your ethica To assist practitioners and practices in using social media, the Law Society has issued professional guidance outlining the benefits and risks, the importance of individuals and businesses reviewing their social media 'presence' and privacy settings, as well as information on setting up social media for business. Law Society president John Wotton said adding clients on social media sites even if you have a very good relationship with them, could cross boundaries and breach the solicitors code of conduct. "There could be several implications in adding a client on some social media sites. Your professional integrity could be questioned if details of your private life is revealed while the client could unwittingly post sensitive information on your page, which would compromise confidentiality or impact ongoing cases." "You may think your profile is reasonably innocuous but you cannot always control the information other people share, such as comments or photo tagging." "We advise keeping your professional life separate from your personal social networking activities. Anything posted online is accessible in the public domain." There are networking sites that are specifically geared towards professional use, such as LinkedIn, Biznik and Focus, which the Law Society views as more appropriate for solicitors to add clients or colleagues as contacts. However, you should think about having systems and policies in place for the management of your firm's social media usage, irrespective of the type of service provided by the social media site. |
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"ABS MARKS NEW ERA FOR ENTIRE LEGAL PROFESSION" Law Society Press Release 3rd January 2012 Law Society President John Wotton has said that the opening of applications to license alternative business structure (ABS) is important for the entire legal profession, and not only those seeking to adopt this new business model. On the day the Solicitors Regulation Authority (SRA) opened for applications for ABS licences, which permit external investment in legal service providers, the Law Society President said that this was important for all solicitors whether or not they chose to adopt the new business model. John Wotton said: "The legal profession in England and Wales is the most respected and competitive in the world because it has matched high standards with an approach which welcomes new entrants and business models. This is in the interests of the strength of the profession as a whole and of England & Wales as the leading jurisdiction in the world. "ABS can provide new opportunities and growth for law firms, but equally those not seeking to adopt ABS have an imperative to be more competitive, accessible and innovative. "While today represents a significant milestone in a changing legal services landscape, our profession has been evolving, developing and becoming more competitive for some time. I expect the profession as a whole will continue that trend as the market becomes more competitive. "The solicitors' profession established itself as the world's leader in legal services long before ABS became a reality and is no stranger to competition and change. ABS will prove beneficial for some law firms, but others will continue to thrive, without seeking external investment, for the benefit of their clients and the public. Whatever business model they choose, solicitors will continue to have the full support of the Law Society." |
MICHAEL HANSARD GABB We have been informed of the sad news that Michael Gabb died peacefully on 28th December 2011 at the age of 92. Michael was a long-term member of the Society. He was for many years senior partner at Tassells of Faversham, and latterly practiced on his own account in Wye. The Memoral Service took place at Wye Parish Church at 12.00 noon on Tuesday 10th January. |
MAURICE SAYERS It is with much sadness that the Society has been told of the death of Maurice Sayers - a long time member and former President of Kent Law Society. Maurice passed away on the 4th of January 2012. The funeral took place at Alkham Church at 11:00.a.m on Monday 16th January. |
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LAW SOCIETY WELCOMES LEGAL AID TENDER DELAYS 1 December 2011 The Law Society has welcomed the delay in implementation of new rules governing civil and family legal aid, announced today by the Ministry of Justice. The announcement was made in a written statement to Parliament and moves the implementation date from the originally proposed October 2012 to April 2013. This allows time for the Legal Services Commission (LSC) to tender under the new rules, which are currently being debated in Parliament as part of the Legal Aid, Sentencing and Punishment of Offenders Bill. Desmond Hudson, Chief Executive of the Law Society said: 'We have repeatedly warned that implementation of the proposed changes to legal aid scope and provision by October 2012 was impractical. The Government has taken a sensible decision to defer this deadline. The new timetable is still challenging, given the work required to implement changes of this magnitude. 'Like other small businesses, law firms need reasonable notice of changes affecting them. This announcement is a welcome recognition of that need. But even given a more workable implementation timetable, solicitors and their clients who rely upon legal aid to secure justice are not well served by the poorly-evidenced and ill-conceived measures in the Bill. The Bill will not deliver the claimed financial savings and risks denying access to justice to all but the well-off. This delay to the implementation schedule offers a window of opportunity to work with stakeholders in improving the Bill.' A delay t 'Criminal defence firms will be grateful for the certainty that they have been given for the next three years; and in particular, firms that do both criminal and civil work will be glad only to have to consider changes in one part of the business over the next eighteen months. The Law Society is keen to discuss it's own ideas for reform of criminal legal aid, and this new timetable will now give us the opportunity to discuss these with Government.' |
PRACTICING CERTIFICATE RENEWAL AND FEE COLLECTION 6 December 2011 Desmond Hudson, Chief Executive of the Law Society, has written to your President advising that the SRA's enabling project, intended to deliver online PC renewal and fee collection, has failed to make the desired progress in tests and trials involving a small number of firms. As a consequence the decision whether to release the system to the profession, or whether to revert to existing collection and payment arrangements, has been delayed for at least another week. |
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SALE AND RENT BACK AGREEMENTS: BE ON YOUR GUARD From SRA Update issue 22 - December 2011 "Recent changes made by the Government relating to sale and rent back (SRB) agreements have been designed to close loopholes and protect the public, but the Financial Services Authority (FSA) warns that consumers still need to be on their guard. We are highlighting the issue to solicitors about the potential risks of becoming involved in transactions of this nature. Since 16 September, anyone who conducts SRB business - even a single transaction - must be authorised by the FSA, unless they are related to the customer. To read the legislation in full go to www.legislation.gov.uk. In addition, the FSA has issued a warning to the public about rogue firms who think they can avoid regulation, by offering products that pay off consumers' debts, allow them to stay in their own homes, with the actual sale of the property delayed. These products are often called "Lease Options", or "Exchange with Delayed Completion" arrangements, but are in fact regulated sale and rent back agreements, even if the sale of a property is not fully completed. Firms offering them therefore need to be authorised by the FSA for SRB activities and are subject to regulatory requirements." |
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QUALIFICATION AS A NOTARY - OPEN DAY Thursday 23rd February 2012 - 11.00a.m to 4.00p.m At The Grange Holborn Hotel, 50-60 Southampton Row London WC1B 4AR Organised by the Notaries Society, the Open Day will provide an introduction to the notarial profession in England & Wales for those interested in qualifying. The programme will include: ? The role and practice of the notary ? Qualification and admission to the profession ? The Faculty Office, regulation and rules ? UCL, Faculty of Laws - Notarial Practice Course Fee: £160 including lunch Application forms available from: The Administration Department, The Notaries Society, P O Box 226 Melton, Woodbridge IP12 1WX DX 41412 Woodbridge |
STANTONS' RISK REGISTER PRODUCT 28th November 2011 Gravesend firm Stantons have developed a Risk Register in an excel spreadsheet, designed to assist small and medium sized firms to demonstrate compliance in the event of an SRA monitoring visit. It comprises 13 columns and 27 lines, and is populated with risk probabilities figures they feel would be attributable to most smaller practices. Stantons are willing to offer the precedent for sale to other firms, in order to recoup the cost of the time spent developing it. The charge is £80 plus VAT for the spreadsheet and accompanying paperwork (all of which is copyright). Please contact Maria Thomas at maria@stanlaw.co.uk if interested. KLS does not endorse any products or services marketed on this website. |
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THE 10th ANNUAL LEGAL IT BUSINESS SHOW 2012 6-7 March 2012, Business Design Centre, London The Legal IT Business Show is the largest exhibition in Europe to showcase technology and business process innovations for the legal sector. Each year the show provides a platform for 65+ exhibitors to demonstrate the latest developments in legal business and operational efficiency to over 1300 senior managers and buyers from law firms and in-house legal departments. In 2012 the show will bring you more innovative ideas, product launches and topical seminars and a high level of visitors over the two days. Europe's Premier Legal IT Exhibition Focusing On Software and Services for the Legal Profession. For the latest programme and to register for your FREE visitor pass, visit: www.legalitshow.com Enter Unique Reference Code: FKN2324KENT |
LEGAL FILES LOST AFTER UNENCRYPTED LAPTOP THEFT The Information Commissioner's Office (ICO) has warned that lawyers must have adequate security measures in place to protect sensitive data. It follows an incident where a Scottish advocate breached the Data Protection Act after failing to encrypt a laptop containing legal files, which was later stolen. Read the full report
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SOLICITOR FOOTBALLERS - FAME (AND MAYBE FORTUNE) BECKONS! 14th October 2011 Your Society has received an invitation of exceptional significance to its members. The next Football World Cup for Lawyers will take place in Rovinj - Croatia, from 1st to 10th June 2012. This event, in its 30th year, gathers lawyers from 40 countries and 5 continents, and is known as MUNDIAVOCAT. Teams are being sought for this event. Please follow the link beloW: the honour of your County is at stake!
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EVERY CLOUD.......
Ben Davey, Mick Hartley and Rachel Godwin of Uckfield firm Rix & Kay have survived a 13000 ft skydive over Wiltshire and raised £2,150 for the brain injury charity The Silver Lining. MORE SPORTING OPPORTUNITIES Reading University Law Society is hosting a sports cup on the 11th February at the Reading Whiteknights Campus and they have invited the Kent Law Society to take part. Rugby, football and netball matches will be held throughout the day, which will be followed by a presentation ceremony with the results and a social at the Reading union which always promises to be a fun night! The cost is £20 per person which includes entry fees, a t-shirt, food throughout the day and a union ticket! The competition will be between 5 law society teams/law firms and the Reading team. At this point they are looking for expressions of interest. Please click here to make contact |
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LAW SOCIETY LAUNCHES OFR PRACTICE NOTE 28th September 2011 The Law Society is stepping up its guidance to solicitors on the new outcomes focused regulatory regime with the launch of an OFR practice note. OFR was implemented by the Solicitors Regulation Authority on October 6 and is a shift away from a rules-based approach and focuses on high-level outcomes governing practice and the quality of outcomes for clients. As part of its ongoing suite of initiatives aimed at providing support and advice to solicitors on OFR, the Society's practice note provides key guidance for all firms. Law Society chief executive Desmond Hudson (inset) said: "Most firms have been identifying and managing risks for a long time. Yet the demands of the Legal Services Act and OFR means that all firms - whatever their shape, size or location - will have to prioritise risk management. "The Law Society is aware that practices require the necessary tools in order to be OFR compliant, which is why we are providing guidance to all members. These practice notes are the first step in the Society's plan of support to members. "OFR, if implemented properly and employed proportionately could provide a mechanism for cost effective, efficient and less prescriptive means of regulating the profession." The Law Society's Practice Advice Service, which can be contacted on 0870 606 2522 or at practiceadvice@lawsociety.org.uk ,will be available for any supplementary guidance to the practice note, which itself follows on from the Law Society's Compliance Officers Practice Note which was launched earlier this month. That note focuses on a key element of the new regulatory framework - compliance officer for legal practice (COLP) and compliance officer for finance and administration (COFA). Details of the Society's Risk and Compliance Service can be found here. Membership offers a range of additional initiatives and expertise aimed at allowing solicitors to become fully compliant and aware of OFR. Online training for Compliance Officers for Legal Practice is also available on the Law Society's website. The training covers how the COLP fits into the new regulatory regime, who qualifies and why, explanation of the role and duties of COLPs and the relationships between COLPs and the rest of the firm. A series of Law Society OFR seminars are already taking place across the country. An OFR overview is also available |
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NEW PRACTICE MANAGEMENT FORMS The Law Society has launched a range of 17 new forms designed to help both Lexcel and non-Lexcel firms create and implement effective procedures for client care, risk management and people management. |
LEXCEL ACCREDITATION FOR LSC FAMILY CONTRACT PROVIDERS New providers for Legal Services Commission's (LSC) family contracts can now choose to be Lexcel accredited instead of obtaining the LSC's Specialist Quality Mark. the Law Society has published new information on applying for Lexcel within the timelines required by the LSC. |
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BANKRUPT BENEFICIARIES: NEW PRACTICE NOTE Personal representatives who make a distribution out of the deceased's estate to a bankrupt beneficiary risk being subject to a claim for compensation from the trustee in bankruptcy. |
CALL FOR EVIDENCE: PRE-CHARGE POLICE BAIL PERIODS The Law Society is asking criminal practitioners to assist in gathering evidence of cases where clients suspected of committing offences have been placed on pre-charge bail for lengthy periods of time. The evidence will inform its response to the Home Office review of pre-charge bail. |
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LEGAL EDUCATION AND TRAINING REVIEW (LETR) 23rd September 2011 The SRA, the Bar Standards Board and the Institute of Legal Executives Professional Standards have commissioned a review of legal education and training in the legal services sector. We are invited to participate in the review process. Click here for the latest progress report. |
NEW SUPERVISORY APPROACH BY SRA IN CONVEYANCING The SRA has set out a new draft Supervision and Enforcement Strategy for conveyancing matters. Follow the link for more details as to how this may affect you. |
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NEW PRO BONO CLINICS PROPOSED FOR MEDWAY 5th August 2011 Medway Citizens Advice Bureau would like to set up a pro bono clinic in its premises to enable clients to get advice on a range of areas which current caseworkers are not entitled to advice. These include inheritance and conveyancing issues, neighbour disputes and planning issues. They plan a service offering 30 minute appointments on these four areas. CAB will offer the non-legal (reception, administrative and supervisory) staff required and will carry out note-taking and writing up of cases. They are looking for a commitment from practicing solicitors of 3-4 appointments a week over a two hour session. Travel expenses at CAB standard rates will be paid. Please contact Dan McDonald, Chief Executive, Medway Citizens Advice Bureau, 5A New Road Avenue, Chatham ME4 6BB. |
BRIBERY ACT 2010 COMES INTO FORCE 1st July 2011 Make sure you are familiar with this important piece of legislation. The Law Society has available an online training course and online seminar (links in the latest Professional Update) , and you can click the link below to the relevant practice note. |
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LPAs AND EPAs: REVISED FORMS AND GUIDANCE The Office of the Public Guardian has published revised forms for applying to register an enduring or lasting power of attorney to reflect recent fee changes and website updates. The LPA guidance has also been amended to clarify who can act as a certificate provider. Related book: Lasting Powers of Attorney |
ATTEMPT TO SAVE SITTINGBOURNE MAGISTRATES COURT FAILS 17th June The Judicial Review brought by Sittingbourne firms spearheaded by Richard Atkinson of Robin Murray & Co has failed. |
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JONATHAN SMITHERS RE-ELECTED TO COUNCIL SEAT FOR KENT CONSTITUENCY Result of Council elections Jonathan Smithers, the current sitting Council member, has been re-elected. His new period of office took place from the conclusion of the AGM on 14th July 2011. |
6th OCTOBER 2011 - THE KEY DATE FOR CHANGE Click here for article outlining the key points of regulatory change by Claire Larbey, former Practice Standards Advisor with the SRA, and now director of Quality Legal Services Ltd, regulation and compliance specialists. |
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QUALITY MARK 23rd February 2011 In a press release today the Law Society announced a "New chapter" in home buying as the first legal practices in England & Wales to secure membership to the Law Society's Conveyancing Quality Scheme practice standard were announced. Martin Elliott & Co Solicitors (Colchester), Boys & Maughan (Kent), Hamers Solicitors LLP (Hull) and PCM Solicitors LLP (London) have become the first ever practices to obtain CQS status since the scheme opened for applications in January. The practices underwent rigorous assessment by the Law Society in order to secure CQS status. Congratulating the first ever legal practices to secure CQS, Law Society President Linda Lee said the CQS award was recognition for their high standards in residential conveyancing. "These first practices are the flag bearers of the CQS and this recognition of the quality of their service begins a new chapter in the home buying process. In what is already a crowded conveyancing market, CQS accredited legal practices will be clearly visible to any one looking to buy a home. "For what is the most expensive purchase of anyone?s lifetime, it is vital that they can rely on the quality service provision of CQS." The Land Registry has welcomed the scheme as a step in the right direction to recognising high standards in conveyancing. Marco Pierleoni, Chief Land Registrar and Chief Executive of Land Registry said: "Land Registry is committed to combating registration fraud and in September 2010 as part of our counter-measures we collaborated with the Law Society in producing a joint practice note to assist in identifying and preventing registration fraud. "We continue to work with a wide variety of organisations in this area and welcome the introduction of the Conveyancing Quality Scheme as a further step in improving the conveyancing process." |
REFORM OF LEGAL AID Message to members from President Kerry Waitt 16.2.11 In November 2010 the Government published its proposals for the reform of Legal Aid in England and Wales. The proposals have now been debated in Parliament and the deadline for responses to the consultation have now passed. Kent Law Society has written to every MP in the county expressing its concerns regarding the proposals for the reform of Legal Aid but also the rules governing civil litigation costs as set out in the Jackson Report. Attached is the response by the Kent Law Society to the consultation paper. Members of the Kent Law Society will be aware of the 'sound off for justice' campaign run by The Law Society www.soundoffforjustice.org. The proposals are not simply a matter for Legal Aid practitioners. The proposals go to the very heart of the issue of access to justice. It is not simply an issue over lawyers, fees and remuneration, it is primarily a matter relating to the best interests of the more vulnerable and disadvantaged members of the society and community that we as a profession in Kent seek to serve. As your President I would encourage members of the Kent Law Society to get involved in The Law Society's campaign and if you have direct experience and examples of Clients or persons within your community who have or will be denied access to justice by virtue of the current or proposed arrangements for funding of legal services then please write and draw this to the attention of your local MP. Kerry Waitt, President, Kent Law Society |
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ALTERNATIVE BUSINESS STRUCTURES We set out for your information papers received from both the Sole Practitioners Group and the Law Society on the subject of ABS. |
"BRIDGING THE GAP" OUTCOMES Lenders Panels At the Law Society's Consumer Conference on Thursday 3rd February, one issue that arose during a breakout session was the current position and the work undertaken by the Law Society to support its members in the face of lenders removing firms from their panels. In a letter dated 4th February 2010 to all local law societies, Desmond Hudson, Chief Executive of the Law Society reminds members that the Law Society has produced a pack designed to assist them in making complaints to their MPs where they have been removed from the lender's panel. This may be accessed by clicking the link below. Lenders Panel Briefing - October 2010 |
