Issue 101 - Leeds Law Society
Transcription
Issue 101 - Leeds Law Society
May 2011 | Issue 101 friend or foe? Getting to the heart of the ABS debate The Official Journal of Leeds Law Society Energy efficient Save on time and resources with our online property searches In today’s tough market, conveyancers cannot afford to take risks or compromise on quality. Efficiency is the key – by taking advantage of SearchFlow’s one-stop shop, you can reduce the effort and time taken on processing searches and concentrate on delivering strong client engagement. • Highest quality customer service and support • Market leader for electronic searches • Effective AML tools for both UK citizens and foreign nationals • Smart technology to power your business forward. To switch on to SearchFlow: visit www.searchflow.co.uk, email [email protected] or call 0870 220 3088 CONtenTS Leeds Law Society 1 Albion Place Leeds LS1 6JL DX 12079 Leeds Tel: 0113 245 4997 EDITORIAL: Editor Steven Bancroft [email protected] Founding Editor Ian McCombie Views Features 05 President's column 22 Alternative business structures Editorial Assistant Sophie Dilley PRODUCTION: The SRA's long-awaited new Handbook receives a lukewarm welcome, and why a thorough spring clean is more important this year than ever before Head of Design Lucy Taylor News Junior Designer Jessica Horton 06 Society PROJECT MANAGER: Kate McKittrick 01423 851150 [email protected] ADVERTISING: Martin Smith 01423 851150 [email protected] Published by Barker Brooks Media Ltd 4 Greengate Cardale Park Harrogate HG3 1GY Tel: 01423 851150 Fax: 01423 851151 www.barkerbrooks.co.uk [email protected] PRINT: Acorn Web Offset Ltd © 2011 Leeds Law Society & Barker Brooks Media Ltd. All rights in and relating to this publication are expressly reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means without written permission from the publishers. The views expressed in Leeds & Yorkshire Lawyer are not necessarily those of the Leeds Law Society or the publisher. While the publishers have taken every care in compiling this publication to ensure accuracy at the time of going to press, they do not accept liability or responsibility for errors or omissions therein however PEFC/16-33-533 caused. Looking back at the biggest and best Leeds Annual Legal Dinner to date 08 Achievements Award-winning Education and Enterprise Week from Leeds Legal set to return 11 Yorkshire Legal Conference Make sure you don't miss out on a key oneday conference held in the heart of Leeds 15 Charity Three women take on the challenge of the London Marathon for a very worthy cause 17 Appointments Keep up to date with who's going where in our latest round-up 19 Regulation The latest news and views from across the various regulatory bodies 21 Comment Patrick Walker sets sail for America and likes what he finds across the pond ABS will be here in October so ahead of this landmark change we seek opinion from both sides of the debate 25 Student essay competition Winner Ryan Adams' take on ABS and what it means for the next generation of lawyers 26 Yorkshire pride Law Society President Linda Lee hails from Yorkshire and discusses both local and national issues 29 Life lessons The Honourable Mr Justice Langstaff reveals the unusual route he took to the High Court 31 Evidential information The latest developments in testing for drug and alcohol in family law cases 33 The world is watching The former Director of the Press Complaints Commission discusses law and the media 38 The last word Keeble Hawson's Tony Gregory goes under our microscope Barker Brooks Media offers a full range of creative, marketing and communications services. To discuss how we could help your business, please call Ben Rushton on 07792 411762 or email [email protected] creative • events management • publishing • sales & sponsorship This month in association with: Leeds & Yorkshire Lawyer | Issue 101 3 Sponsored by: FROM THE PRESIDENT Question marks over new Principles James Haddleton is President of Leeds Law Society and a Partner at DWF in Leeds W hilst Moses waited 40 days and nights on Mount Sinai for the Ten Commandments, the Solicitors Regulation Authority (SRA) made us wait a little longer before revealing its tablet of ten mandatory Principles (note the capital “P”) in the new SRA Handbook. I still don’t quite get it. The Principles are designed to give firms greater flexibility and get away from a rigid set of rules. As the SRA puts it: “This is to empower you to implement the right systems and control for your clients and your type of practice. “You will have more flexibility in how you achieve the right outcomes for your clients, which will require greater judgement on your part.” Therein lies the rub; the exercise of judgement. Like anything that involves judgement there is always a degree of subjectivity and, dare I say it, moral relativism. What is important for one firm (in terms of the risks it identifies and its approach) may vary from another. How clients who deal with firms adopting differing approaches view the situation is an important point. What is lacking with the Principles is the certainty, clarity and transparency which gives confidence to both solicitor and client alike in their dealings. If we are to remain a trusted profession, these points –especially confidence – matter. If a client thinks it was misinformed but the solicitor believes it has acted broadly within the principle requiring it to keep a client informed, is the profession better off for that uncertainty? Outcomes-Focused Regulation (which underpins the Principles) is what the banks used and it failed because it enabled them to interpret the rules to suit their needs whilst the approach to enforcement of regulation was “light touch”. We are promised this will be different. But if the purpose of regulation is to give solicitor and client certainty, clarity and transparency – and most importantly, confidence – then it is highly questionable whether the Principles will achieve it. As an aside, a colleague of mine pointed out that the second Commandment states: “Do not have any other Gods before me” and wondered whether the SRA was delivering a subliminal message. Time will tell. For more information on the Handbook turn to page 17. Meanwhile, on 19 May Leeds Law Society will be holding its AGM. Full details are on the website. It has been a busy year of change and development with the appointment of two executives giving us the ability to provide more training and events. We would be delighted to welcome any Leeds solicitor from any background or practice who wishes to serve on the committee and help build a strong and relevant local law society. Change is coming so be prepared Angela Brocklehurst is President of the Yorkshire Union of Law Societies and a Partner at Shipley firm Atkinson & Firth M arch and April are spring cleaning months – a time to look at what we have, give it a good clean around and prepare for the challenging times to come with everything in order. At the Yorkshire Union we have recently held our Annual General Meeting reviewing our activities for the last year, taking stock and advice for the year to come with all its changes. Not only now as solicitors do we have new systems of regulation, complaint management and uncertainty with the future of public funding work, we also have challenges to come with ‘Tesco Law’, the question of alternative business structures and the need to protect robustly our independent conveyancing practice with these changes imminent. At our meeting we were privileged to welcome our national President Linda Lee, who answered questions about these troubling issues for us and pointed us in the right direction. During the next few months the Yorkshire region is hosting a variety of events organised around these areas of change, notably a ‘Question Time’ session at which our President and Chief Executive, Mr Des Hudson, will hold a forum to debate issues concerning personal injury, civil costs reform and legal aid. Anyone who is wishing to attend this event should get in contact via [email protected]. Meanwhile, our Regional Law Society Manager, Fiona Tatton, provides us with a quarterly review of what goes on in Yorkshire, including details of training and information events concerning all of these topics. More details can be found at www.lawsociety.org.uk/yorkshire. For the forward thinking amongst us this can be the best of times with opportunities and talents to exploit. However, for those who look back to the good old days, the present can be the worst of times. Personally I have always found that challenges in life can be met and dealt with if suitably prepared. Perhaps it is time for the old scouts and guides amongst us to dust off our old motto and embrace the changes to come. Leeds & Yorkshire Lawyer | Issue 101 5 NEWS: Leeds Annual Legal Dinner 2011 Legal Dinner is a glittering success Over 300 guests came together on 17 March to celebrate the continued success of Leeds as a legal centre at the Leeds Annual Legal Dinner H eld for the first time at Leeds Metropolitan University’s Rose Bowl, guests were treated to entertainment in the form of contemporary dance from Phoenix Dance Theatre and live entertainment from Irish band Gypsy Rogues, fitting on what was St Patrick’s Day. After a sumptuous four-course meal and wine, Stephen D Smith MBE was the after-dinner speaker at an event where the dignitaries in attendance included The Lord Mayor of Leeds, Councillor James McKenna and The Lady Mayoress, Councillor Andrea McKenna alongside Linda Lee, President of The Law Society of England & Wales. Leeds Law Society President James Haddleton gave a response to toasts from Linda Lee and also Alan M Baker, the Chairman of Leeds Legal, at an event which was kindly supported by headline sponsor Trimega Laboratories Ltd and also AON, Weslyan, UBS, Mills & Reeve, DWF and Leeds Metropolitan University. A toast from Law Society President Linda Lee President James Haddleton toasts the guests Guests enjoy food, wine and good company at Leeds Metropolitan University's Rose Bowl 6 Leeds & Yorkshire Lawyer | Issue 101 “It was a splendid evening for the Society and its guests with excellent food and entertainment.” Paul Fullerton, Bank of England Douglas MacSween from Trimega Laboratories with The Lord Mayor of Leeds, Councillor James McKenna NEWS: Leeds Annual Legal Dinner 2011 Training dates Leeds Law Society runs a wide range of high-quality training seminars which are delivered by leading speakers and provide an opportunity to gain your CPD points at favourable rates. Seminars for May and June 2011: Family Law – Ancillary relief Thursday 5 May (2 hours CPD) Leeds Law Society Committee members Marcus Armstrong, Ian Spafford, Jonathan Watmough, David Barraclough, Philip Jordan, Deborah Green, James Haddleton, Rosemary Edwards and Stuart Turnock Stress in the workplace Monday 9 May (2 hours CPD) Personal injury – Ashworth on pain Wednesday 11 May (1.5 hours CPD) Employment Law – Equality Act update Thursday 12 May (2 hours CPD) Writing and drafting skills Wednesday 18 May (2 hours CPD) Phoenix Dance Theatre entertain the guests The Lord Mayor of Leeds, Councillor James McKenna and The Lady Mayoress, Councillor Andrea McKenna with Mr James Haddleton and Mrs Claire Haddleton “It was a thoroughly enjoyable evening. The dancers and the Irish band were excellent.” Norman Jones, President, Liverpool Law Society Electronic disclosure – A review of the law and a few practical tips Tuesday 24 May (1 hours CPD) FEATURED SEMINAR An overview of the new SRA Handbook – Principles and outcomes Thursday 26 May (2 hours CPD) Employment update Wednesday 1 June (2 hours CPD) Contesting and contentious wills and probate Thursday 9 June (2 hours CPD) Civil litigation Thursday 23 June (2 hours CPD) Mills & Reeve with Leeds Law Society Committee member Jonathan Watmough President James Haddleton with VIP guests Kindly sponsored by: Jane MacGregor and Joanna Dixon, Business Development Managers, Leeds Law Society Assured tenancies Wednesday 29 June (2 hours CPD) To secure one of our limited spaces, please contact info@ leedslawsociety. org.uk or call 0113 245 4997. If you have already booked on, we look forward to welcoming you very soon. Leeds & Yorkshire Lawyer | Issue 101 7 PROMOTIONAL FEATURE Buying practices and caseloads Solicitors Neil Hudgell Law has launched a new business initiative called www.webuyanyfiles.com as part of their strategy to expand N practices outright or in taking on referred eil Hudgell Law are ‘no win no fee’ cases or caseloads from other solicitors.” solicitors specialising in personal Hudgell was born and educated in Hull injury, medical accident and professional and established his own legal practice in negligence. They are also experts in the city in 1997. A member of the Law claims for dental negligence. Society Personal Injury Panel and the The firm, which employs more than Association of Personal Injury Lawyers, 50 people, currently has three offices he has also been the chairman and a (two in Hull and one in Leeds). It is now main shareholder of Hull Kingston Rovers looking to grow organically and through rugby league club since 2004, overseeing the acquisition of other personal injury transition from a National League club to practices, caseloads or individual cases. an established Super League side. Neil Hudgell explains: “Our business Neil Hudgell Law’s plans for growth model has been developed to work with come as the impact of alternative business the big changes that are happening right structures (ABS) and the implementation now in the legal profession. That’s why of Lord Jackson’s report on civil litigation we’ve launched webuyanyfiles.com. costs15:29 is being assessed across the sector. We’ve gotNeilHudgell dynamic plans for our business CM A5 Ad.pdf 1 04/04/2011 As part of the push for growth, Neil and we’re interested in acquiring other C M Y CM MY CY CMY K Hudgell Law recently appointed Tony Webster as Business Development Manager. Webster, an experienced business strategist based in Harrogate, has already had talks with legal practices looking to refer caseloads and cases. He said: “We’re interested in hearing from lawyers who want to retire from practice or to free up working capital. Taking on more cases will also mean we’ll need more staff so we’re looking to recruit personal injury lawyers who want to further their careers.” All enquiries to Neil Hudgell Law from practices looking to refer cases or sell their business are dealt with in strict confidence. For more information visit the website www.webuyanyfiles.com Sponsored by: NEWS: Achievements Clarion supports promising young talent Students from across Leeds Law School have once again taken part in the Clarion Commercial Challenge, which is designed to test their ability to deal with a number of commercial and legal issues affecting a fictitious company. Four pairs of students presented their advice to a panel of judges in the final stage of the competition. The judges comprised Roger Hutton, Senior Partner at Clarion; David Jones, Senior Regional Managing Director of Aldermore Invoice Finance; and Sarah Rushton, Director of Operations Support Services at Cintas Document Management in Leeds. The winning pair was Christopher Myers and Matthew Fisher (pictured above with the judges) who will now enjoy a work placement at Clarion. Customer award for conveyancing firm Education and Enterprise Week set to return Following on from the success of its award-winning 2010 project, Leeds Legal will shortly launch Education and Enterprise Week 2011. Organised in conjunction with Leeds Ahead, the event will run from 10-14 October and will once again allow lawyers and others involved in the legal profession to take the world of work into some of the city’s schools. It is hoped that around 150 volunteers drawn from many of the city’s law firms will get involved in running the sessions that will embrace the ‘World of Work’ theme, with focused workshops that will cover first-hand accounts of working in a variety of roles within law firms, exploring and creating the right plan to achieve a dream job and demonstrating how the skills taught at school can transfer into the workplace. All activities, held in primary schools around the city, are developed to empower young people to consider and develop their future career ambitions. The launch event for this year’s project will take place on Thursday 26 May at 8.30am at the offices of Pinsent Masons. For more information contact Lesley Sharp at Leeds Ahead on 0113 246 7877 or email [email protected] Mooting success for group of York students Arc Property Solicitors is celebrating scooping the Best Customer Focus award at the national Best Business Awards. Based in Harrogate and operating nationally, the firm of conveyancing experts has been recognised for its innovative approach to customer relations, having restructured its business and introduced a dedicated Client Service team in 2010 – the first of its kind in the industry. Richard Chan, Managing Director, commented: “This award is great recognition for the work we’ve done in putting our clients at the centre of the business. The Client Service team has vastly improved customer satisfaction levels and has massively increased efficiency.” A joint team from The College of Law in York and University of York Law School demonstrated their advocacy skills by winning the Beachcroft Mooting Shield. The team, made up of two students from the College and two from the University of York, triumphed against a team from the College’s Manchester centre in the final at Sovereign Chambers in Leeds. College students Katharine Fitzpatrick and Robert Cockburn (pictured) took part in the final showdown while fellow teammates Russell Naglis and Micha Hatfield from York Law School put in winning performances during the group stages of the competition. Leeds & Yorkshire Lawyer | Issue 101 9 NEWS: Achievements Chadwick Lawrence score sporting appointment Leeds Rugby, the company behind Leeds Rhinos and Leeds Carnegie, has appointed Chadwick Lawrence as its official legal partner. The deal cements the relationship between the two organisations and will see Chadwick Lawrence working with Leeds Rugby on a day-to-day basis in both a legal and HR advisory role. The firm will enjoy a heightened presence at the Headingley Carnegie site through advertising at the ground and hospitality, which will give clients the opportunity to sample the atmosphere at a game or attend a corporate event. “It places us in the heart of Leeds and secures our position as Yorkshire’s legal people,” commented Neil Wilson of Chadwick Lawrence, who is pictured above second from the left alongside representatives from Leeds Rugby. Stewarts Law hosts Henry Moore private view Guests from across the business and legal community gathered in Leeds at a special event celebrating one of Yorkshire’s greatest artistic sons. More than 90 invitees attended a private viewing of the new Henry Moore exhibition at Leeds Art Gallery, hosted by exhibition sponsor Stewarts Law. The exhibition is the first dedicated to the life and work of sculptor Moore, who was born in Castleford, to be held in Leeds. It arrived in the city following stints at the Tate Britain in London and in Toronto, Canada. Daniel Herman (pictured above), Head of Stewarts Law in Leeds, said: “Hosting such a major international exhibition is a huge boon for Leeds, all the more so given Henry Moore’s local roots. We are delighted to be able to lend our support.” The free of charge exhibition will be showing at Leeds Art Gallery until 12 June. 10 Leeds & Yorkshire Lawyer | Issue 101 Networking Curry Club launches in Leeds Business networking club Networking In The City (NITC) launched its famous Curry Club in Leeds on 6 April. The club, targeted specifically at professionals within the property, construction and finance industries, attracted an impressive turn out at the Leeds city centre Aagrah Restaurant. An hour of informal networking was followed by an Indian feast before the event was finished off with a short informative and entertaining speech from Janice Colley, Partner and Property Solicitor from the event sponsor, Ford & Warren Solicitors. NITC is currently taking bookings for the next Leeds Curry Club which takes place over lunchtime on Wednesday 4 May. Subsequent events will take place on the first Wednesday of every month. To book a place at the event visit www.networkinginthecity.co.uk or call 0161 613 9183. National shortlist for boutique litigation practice Boutique litigation practice Lake Legal has been shortlisted for the Best Tax Team in a Law Firm award at the 2011 LexisNexis Taxation Awards. Set up in September 2009, the team is headed by Karen Eckstein and specialises in tax related professional indemnity cases, contentious trusts and probate matters and tax litigation. Eckstein said: “We are over the moon to have been recognised by the Taxation Awards, particularly when, as a firm, we are still in our infancy. To be shortlisted for a national award alongside teams from firms such as Burges Salmon, Reynolds Porter Chamberlain and Thomas Eggar is a great compliment and a testament to the hard work of my team over the last 19 months since Lake Legal was formed.” The ceremony will take place on 26 May at the London Hilton on Park Lane. Sponsored by: NEWS: Achievements Change is coming. Book your place at this conference The Legal Services Board, Law Society and Solicitors Regulation Authority will all have their say on the new legal landscape at the inaugural Yorkshire Legal Conference in May. What does alternative business structures (ABS) mean to you? Will the opening up of the legal services market bring opportunity or added competition to your firm? What does it directly mean for you here in the heart of Yorkshire? The question is therefore can you afford to miss out on a Gordons target young apprentices Five bright youngsters who might otherwise find it difficult to enter the legal profession will have the opportunity to become apprentice lawyers thanks to a new annual programme launched by Gordons. From this September, the firm will recruit and train a fresh intake of apprentices each year who have the ability to gain high levels of skills and qualifications without attending university. Gordons will pay the apprentices’ salaries and also fund their fees to train as legal executives, over a period of four years with the course fees alone representing an investment of over £32,500. The apprenticeships are the idea of Managing Partner Paul Ayre (pictured above), who was inspired to act after seeing the BBC programme Who Gets the Best Jobs? He said: “Gordons has always operated as a meritocracy and we pride ourselves on being progressive in everything we do. The apprenticeships are a natural extension of these values.” day where all these bodies will be under one roof alongside a collection of eminent speakers and all considering the key issues facing the industry at a pivotal moment in its evolution? Tickets are selling fast for the one-day event on 16 May at Leeds Metropolitan University’s Rose Bowl. Robin Smith, Chairman of Leeds Building Society and one of the founding solicitors of DLA Piper, will give the keynote address on the benefits to growth with ABS around the corner. Legal pioneer Kerry Underwood from Law Abroad plc will identify the new opportunities for growth and Quality Solicitors CEO Craig Holt will discuss the remarkable rise of his nationwide operation. A panel session featuring Chris Kenny, CEO of the Legal Services Board, Richard Collins, Head of Standards at the SRA, Ray Gordon, Chairman of Professional Business Structures Ltd (face2face Solicitors) and Leeds Law Society President James Haddleton will carefully guide delegates through the planned changes to the profession. With extensive opportunity for networking during lunch and an afternoon drinks reception, this Leeds-based event will become a key date in the calendar each year. Tickets are priced at £95 + VAT. For booking enquiries or further details visit www.yorkshirelegalconference.info or contact Paul Bunce at Barker Brooks Media on 01423 851157 or [email protected] Pair join exclusive panel Two lawyers at Williamsons Solicitors’ Driffield office have been appointed to the Law Society’s Children Panel. Zoe Atkinson and Rebecca Lovel are the only solicitors in Driffield and Bridlington to be accredited to the panel which allows them to directly represent children involved in child-care proceedings and family disputes. Lovel (pictured left) said: “Becoming a member of the panel is a natural progression and extension of our daily work. It has been taken a considerable amount of work to gain the accreditation, but the extra qualification will undoubtedly enhance the service we can provide to clients and their children.” The lengthy, rigorous accreditation process required a three-day course, a comprehensive application, presentation of a portfolio of case study work, professional referees, extended CRB check and an hour-long independent assessment at the Law Society in London. Leeds & Yorkshire Lawyer | Issue 101 11 Recourse Legal Solutions A groundbreaking service from ARAG Greater cover than you’d expect ✓ Extremely competitive rates ✓ An on-line application facility providing easy policy issue. ✓ All policies fully underwritten by an A rated insurer, providing the best security for your clients. ✓ Contingent premiums ✓ High limits of indemnity to provide total peace of mind for the more complex cases. ✓ Various types of cases underwritten, not just personal injury. ✓ Extremely competitive commission rates. ✓ A UK management team with a wealth of experience in the legal expenses market. To find out more call us on 0117 917 1680 or visit www.arag.co.uk All with the secure backing of an international group The ARAG Group is one of the world leaders in legal solutions with over 3,300 employees worldwide, and an annual premium income of over €1.4 billion. With over 70 years’ experience as an insurance services specialist in Germany, ARAG is now a world leader in international growth markets and is active in thirteen European countries. Undisputed market leaders in Spain and Italy, the group is also a leading player in the US legal insurance market. ARAG plc Registered in England number 02585818. Registered office: 9 Whiteladies Road, Clifton, Bristol BS8 1NN. ARAG plc is authorised and regulated by the Financial Services Authority, registration number 452369 and this can be checked by visiting the FSA website at www.fsa.gov.uk/register or by contacting the FSA on 0845 606 1234. NEWS: Business development Fighting for the disabled National charity the Disability Alliance has formed a partnership with disability discrimination specialists Unity Law to provide legal advice and support to anyone who is being discriminated against because of disability. The Disability Alliance and Unity Law are both focused on ensuring that disabled people get fair access to care services. There has already been a drop in the overall numbers of disabled people able to access support in their own home. There is a fear that further cuts and increasing costs will prevent disabled people receiving even a basic level of support. “Our focus is on ensuring people have access to the services they need,” explained Managing Partner Chris Fry (pictured above). “The research conducted by the Disability Alliance shows that the proposed cuts could seriously impact on people’s lives, not just on reducing their quality of life but in some cases infringing on their human rights. “By working together we can reach out to the many families who are worried or affected by changes in their homecare service.” New employment venture for Sheffield solicitor A former senior partner and head of employment at Watson Esam has opened a new niche employment practice in Sheffield. Bhayani Bracewell Employment Law opened for business on Fountain Precinct on 1 April and, after spending 18 years with Watson Esam, which recently merged with Sheffield solicitors Graysons, Jay Bhayani (pictured left) is relishing the new challenge this venture presents. “The world is changing,” she said. “A simple Google search can provide people with a host of information on the law these days but I believe that Bhayani Bracewell can make a real difference to clients.” The new firm will concentrate on a full range of services including employment advice and representation, HR outsourcing and insurance backed schemes. In association with Taylor Bracewell in Doncaster, Bhayani Bracewell will offer clients a familiar team as Jay will be joined by her employment law colleagues Katie Beal and Sara Ellison. Demand leads to London opening for local firm Yorkshire-based Rahman Ravelli Solicitors is opening premises in London to cope with its increasing workload. The firm, which specialises in national and international serious fraud and business crime, has traditionally been based at its offices in Halifax. It has now acquired an office in the capital’s Fetter Lane to handle the needs of an increasing number of clients in the south of the country. “The firm was founded in Yorkshire and will remain here. However, we are in the enjoyable position of gaining more and more international and high-profile instructions and a significant proportion of them are coming from the south,” explained Senior Partner Aziz Rahman (pictured). “We have always handled cases from all over the UK and other parts of the world. But we recently came to the conclusion that a second base – preferably in the heart of London – was necessary. “Having premises in London will make us more accessible to current and future clients. It will also give our solicitors more flexibility in attending to clients and in case preparation.’’ PROMOTIONAL FEATURE Make your website work more effectively for you Increasing numbers of people requiring a solicitor will now go to the Internet first. Therefore if you don’t have an effective website they will find your competitors instead. The problem with most solicitors’ websites is that they are virtually invisible to Google. Simon Goodlad is a specialist in building websites for law firms and is an expert in search engine optimisation. Simply put, that is the art of getting a website to show up at the top of Google’s search results. Most designers focus on making a site look pretty but have little knowledge of how to get a website to rank high on Google. This leads many firms to mistakenly believe that the Internet is not a valuable channel for finding new business. Goodlad has built many websites for solicitors that produce substantial and measurable results. A good website can introduce a new income stream to a firm and replace some of the business from dwindling sources. For more information visit www.solicitorswebsites.net or call 07885 252709. Leeds & Yorkshire Lawyer | Issue 101 13 OFR... You need to be PDQ! On 6 October 2011, the SRA will radically overhaul its relationship with legal service providers and the way in which it delivers its regulatory objectives. Under the more targeted and risk-based approach of OFR, your firm will need to implement the Principles and mandatory Outcomes contained in the new SRA Handbook, rather than comply with the detailed and prescriptive rules in the SCC 2007. You should start your preparations now to ensure that your management team and staff fully understand the risk-based approach to outcomes-focused regulation and the key Principles, Outcomes and Indicative Behaviours in the new SRA Handbook well before the October 2011 deadline. Our practical 3 hour courses focus on the key rule changes and provide comprehensive guidance on how to successfully comply with the new regime. Our courses run from May 2011 onwards - following the publication of the final version of the new SRA Handbook in April 2011. New Handbook. New Approach. New Focus. Successful outcomes-focused regulation (public and in-house courses available) You and your new SRA Handbook (in-house courses available at your offices) Bolder healthchecks: developing your business and people to succeed under the Legal Services Act 2007 Successful OFR - Public Courses Wednesday 25th May - Hull Thursday 26th May - Huddersfield Friday 10th June - Leeds Monday 1st August - Kendal Tuesday 2nd August - Manchester Wednesday 3rd August - Doncaster Thursday 4th August - Leeds 2.00pm - 5.15pm 2.00pm - 5.15pm 9.30am - 12.45pm 2.00pm - 5.15pm 2.00pm - 5.15pm 2.00pm - 5.15pm 9.30am - 12.45pm Courses £99.00 + VAT BOOK NOW For further information on our courses and consultancy services... Training. Development. Success. Please call 0845 094 5290 or email us on [email protected] or go directly to www.boldersolutions.co.uk/getready to book online. Sponsored by: NEWS: Charity Skydive for fearless four Four representatives from Bradford firm Prolegis Solicitors will be taking a leap into the unknown in the name of charity later this year. On 19 June, which is also Father’s Day, trainee solicitor Fesar Akhtar and colleagues Naser Ali Akhter, Safdar Awan and Lee Herring will all take part in the 2011 UK Big Jump Skydive. The quartet are hoping to inspire others to take part in the charity jump that aims to raise proceeds for Action for Children. The charity works to combat injustice and deprivation among children and young people through 420 different projects across the country. According to the charity: “By skydiving for Action for Children you'll be making a difference long after you land”. The tandem jump from 12,000 feet will take place at Cockerham in Lancashire. If you would like further information on joining this daring foursome in their feat contact Fesar Akhtar by emailing [email protected] Helping the most vulnerable Marathon mission for trio Three Yorkshire ladies donned their running shoes to take part in the recent London Marathon to raise vital funds for Leeds breast cancer support centre The Haven. Legal Director Sarah Ruston, Melissa Askew, a lecturer at Leeds Metropolitan University and Jill Woodings, Senior Manager at HSBC (pictured above) set themselves the task of raising £10,000 for the charity by taking part in the gruelling 26-mile event. The Haven provides free support and holistic therapies to help people who are living with or recovering from breast cancer to cope with the physical and emotional side effects of the disease and its treatment. “The fundraising undertaken by supporters like Sarah, Jill and Melissa will enable us to continue to support more visitors in the years to come,” said The Haven's Yorkshire fundraising manager Clair Challenor-Chadwick. To sign up as part of Team Haven for other fundraising challenges, contact Tom Robertshaw on 0113 284 7805 or email [email protected] Triple charity challenge for team Langleys Simpson Millar has launched a charity campaign to help The Sick Children’s Trust, a charity which provides free, high-quality accommodation for families whose children are seriously ill in hospital. The firm has donated £25,000 in sponsorship to three of the seven ‘Homes from Home’ that the charity runs for parents of sick children staying in nearby hospitals. The accommodation, based at six major paediatric hospitals across the UK, ensures that families can be close to their children who may need to receive treatment far away from their homes. Completely reliant on donations with no Government funding available, the charity offers 102 bedrooms every day of the year, and since its foundation in 1982 it has housed more than 35,000 families. Neil Fearn, Head of Neurotrauma in Leeds at Simpson Millar LLP said: “The Sick Children’s Trust provides an invaluable service to people at a very vulnerable point in their lives. We are proud to sponsor the houses which will ensure more families are able to receive the support and convenience that the ‘Homes from Home’ offer.” Meanwhile, Simpson Millar has organised an Easter egg collection for Eckersley House. So far staff have donated 70 chocolate eggs for the staff to raffle in the local hospital and raise funds for The Sick Children’s Trust. Langleys has taken up a triple charity challenge in aid of The Wilberforce Trust, the National Autistic Society, Lincolnshire Air Ambulance and St Andrew’s Hospice in Grimsby. The three teams across the York and Lincoln offices are set to push themselves to the limit for their chosen charities. Rob Cavill, Jamie Eveleigh, Adrian Lyon and Dan Chard from the Lincoln office will take part in the inaugural Castle to Coast to Castle charity cycle, a 100-mile charity bike ride from Lincoln Castle to Skegness and back. The event is in aid of the Lincolnshire Air Ambulance and St Andrew’s Hospice in Grimsby. Helen Lickley and Lee Higham from the York office have accepted the Nightrider Charity Challenge in London on 11 June. The event involves cycling 102kms around London taking in 50 of London’s famous landmarks at night, including St Paul’s Cathedral, London Zoo and Big Ben. Trainee solicitors James Bradley and Sarah Dalton, also from York, will run this year’s BUPA Manchester 10k run on Sunday 15 May in aid of The Wilberforce Trust, a charity dedicated to helping those with visual disabilities. Leeds & Yorkshire Lawyer | Issue 101 15 Alpha Biolab’s are the UK’s Leading Certified Provider of Drug, Alcohol and DNA testing We are the only certified laboratory in the UK that can provide Drug, Alcohol and DNA Testing direct to our clients. We provide Illicit Drug and DNA analysis to a range of Civil Courts, Law Firms and Councils throughout the UK and Ireland. We are the only laboratory in the UK that can provide Alcohol, Illicit Drug and DNA analysis within five working days from the date we receive the samples at our laboratory. • Next day sample collection service by fully qualified Staff Nurses. • For your peace of mind we are certified to ISO9001 showing our commitment to accuracy and quality; Investors in People (IiP) Certification to demonstrate our commitment to our staff; and a pending ISO14001 Certification to highlight our commitment to the environment. • Meeting Deadlines: Same day testing available. • Split invoicing if requested. 14 Webster Court, Carina Park, Warrington WA5 8WD Telephone: 0845 5050 001 Fax: 0845 5050 002 Email: [email protected] www.alphabiolabs.co.uk In association with Quality Briefs 0113 245 9763 www.no6.co.uk No6_banner.indd 1 NEWS: Appointments 21/07/2010 12:05 Andrew Batterton Fiona Marr Helen Upson Andrew Batterton has joined the Leeds office of Squire Sanders Hammonds as a senior associate. He has joined the planning team within the real estate practice from Dickinson Dees in York. Previously Batterton was a managing associate at Addleshaw Goddard. His work will cover all aspects of planning, highways and compulsory purchase law. Clarion has further expanded its commercial team with the appointment of Fiona Marr as associate. She joins from Scottish firm Harper Macleod LLP and will be working on a range of commercial matters, including licensing agreements, supply agreements and tender documentation. Yorkshire-born Helen Upson has joined The Byrne Practice of Bawtry as senior employment solicitor. She specialises in providing bespoke advice to employers of any size on everything from day-to-day human resources matters through to complex employment law disputes. Upson, who is returning to her Yorkshire roots, is also a qualified workplace mediator. John Dodge Kate Pollock Myer Wolff Gordons has enhanced its employment law offering with the appointment of HR consultant John Dodge. He is a specialist with some 20 years’ experience in both the private and public sectors. Kate Pollock has joined the Leeds-based commercial litigation team at Stewarts Law. She joins from Walker Morris, where she spent four years and is the third fee earner to be appointed to the team, since it was set up by former Eversheds Head of Commercial Litigation Jonathan Sinclair in October 2009. Hull’s Myer Wolff has appointed Nathalie Stewart, Kerry Barker and Ashley Easterbrook as solicitor partners. Stewart is head of the civil litigation department, Barker is joint head of the family law department while Easterbrook specialises in wills and probate. Andrew Taylor Taylor&Emmet Ray Hugill Legal consultancy Inpractice UK has continued its expansion with the appointment of Andrew Taylor as a financial management consultant. He is a former finance director of a number of law firms and has been advising professional service firms for over 20 years. Peter Crawford, Paul Fouad, James Drydale, Nichola Carmichael, Hannah Montague and Fay Bunting have all be appointed associates by Sheffield’s Taylor&Emmet. Cobbetts has strengthened its financial services team with the appointment of director Ray Hugill. He holds 35 years’ experience in the financial services sector, having worked for Halifax, Cheltenham & Gloucester and Bradford & Bingley. Most recently, Hugill was a director and joint LPA Receiver with Templeton LPA. Wendy Scarr Tony Webster Serena Brotherton Wendy Scarr has joined Winston Solicitors’ private client department. A STEP qualified solicitor, she is experienced at drafting complex wills, creating trusts and conducting probate work for high net worth individuals. Neil Hudgell Law has appointed Tony Webster as business development manager after 10 months working as a consultant. The role is a new one for the firm, which has offices in Leeds and Hull and specialises in compensation claims for personal injury, medical accident and professional negligence. Serena Brotherton, the current leading lady amateur rider in the United Kingdom who also works as a solicitor, has been appointed the new head of Langleys’ Equine Law Group. Leeds & Yorkshire Lawyer | Issue 101 17 PROMOTIONAL FEATURE Making a real difference By giving a gift you can help more children and adults with dyslexia be identified and reach their full potential O ne person in every 10 is dyslexic. That’s two to three children in every class and 10 per cent of the workforce. Dyslexia Action is a national charity and the UK’s leading provider of services and support for people with dyslexia and literacy difficulties. We specialise in assessment, teaching and training. Our services are available through our 26 centres and 147 teaching locations around the UK. Over 30,000 people benefit directly from our services every year. However there are many, many more people we simply cannot reach. We are hugely reliant on voluntary funds as a means to help more people with dyslexia across the UK. Our goal is to improve education and opportunity for as many people as possible. There are significant long-term social and economic benefits from dealing with dyslexia early. These include preventing failure at school or work as well as reducing anti-social behaviour, unemployment and even crime. Dyslexia is the most common of the learning difficulties, affecting reading and spelling. Short-term memory, concentration, personal organisation and sequencing may also be affected. Dyslexia need not be a barrier to success if it is properly identified and supported. With specialist teaching, support from teachers, parents, employers or peers, and some practical aids, most dyslexic people are able to achieve at school and in the workplace. You can help us make a lasting difference by leaving a gift in your will. With your support we can help more people to overcome dyslexia and work with more schools and organisations to deliver specialist services in the community. Your gift will help more children and adults with dyslexia to be identified and educated to allow them to reach their full potential. For further information, please contact the Legacy Manager. NEWS: Regulation New Handbook launched The Solicitors Regulation Authority (SRA) has revealed a new approach to regulation, based on ten mandatory principles following the publication of its new handbook. According to the SRA, the new guidelines will “give lawyers greater freedom over how to achieve the best results for their clients”. Outcomes-Focused Regulation (OFR) will “free lawyers from box-ticking and form filling” and instead “give them the freedom to concentrate on the things that really matter to clients like service and results”. The SRA’s traditional approach, that required lawyers to comply with a myriad of detailed rules and regulations, will now be replaced by ten mandatory principles. However, chief executive Antony Townsend has warned that this new age will not be one of lowering standards. He explained: “This is not light-touch regulation, it is a framework that will allow the SRA to regulate firmly and fairly while providers are given the chance to serve their clients in the best possible way. “Our primary concern will be to work with firms to improve standards. Only when failures are serious or a firm does not show the will to improve will we consider taking formal action.” A full copy of the handbook is now available to download from the SRA website at www.sra.org.uk SRA given ABS green light The Law Society has approved the SRA’s application to become a regulator of alternative business structures (ABS). Subject to the application being approved by the Legal Services Board, the SRA is expected to be ready to start taking applications from prospective ABS from 6 August. Charles Plant, Chair of the SRA Board (pictured), has welcomed the decision: “The application is the culmination of a determined effort by the SRA, working with consumer groups, the Law Society and other professional organisations, the Legal Services Board, and others to deliver a rigorous regulatory system which enables wider choice for consumers while preserving high professional standards.” Will ABS bring opportunities or challenges? Turn to page 22 for two differing points of view in a special investigation Bob Heslett is the Law Society Council Member for Leeds and the Immediate Past President of the National Law Society. This month he begins a regulation-focused column for LYL These are changing times The move to the introduction of alternative business structures (ABS) continues and the date for the first licence application on 6 October 2011 grows ever closer. At the end of March, The Law Society council voted by a clear majority to apply to be a licensor of ABS, which will leave the Solicitors Regulation Authority (SRA) as the Law Society’s independent regulatory arm that carries out the function. This followed weeks of often tense discussion to find a position where the Law Society was satisfied that the SRA had the competence to adopt this further responsibility when already stretched in regulating the profession and committed to a new rulebook from 6 October as well. The SRA seems coy in accepting that it has had to modify its position on anything, but it has; from providing assurances across its own capabilities, to safeguards on the regulation of ABS, to equality of appellate rights in disciplinary matters. In itself it may not be a heartening prospect for the SRA to be a licensor, but better that than the alternative, which would be the Legal Services Board. At least the SRA is committed to a level playing field between ABS and those who practise within a traditional professional and business model. No political party opposed the introduction of ABS. There can be none who were unaware that their legislation would bring change, perhaps substantial, both in terms of the face of the high street and the availability of legal advice and representation for those who do not shop at the CoOperative or take advantage of RAC services. It may be the case there will not be a rush to take up ABS licences. If that is so my guess is that there will be an exponential growth in ABS from late 2012. So for all those in practice there is a need to look now at the ABS rulebook drawn up by the SRA and ask yourselves a question which will be difficult for some: Is this in fact the way forward? THE YORKSHIRE LEGAL CONFERENCE 2011 The new legal model – A bright future? Join us at The Rose Bowl, Leeds on May 16 for an unmissable one-day conference covering ABS, growth, opportunity and the future for the legal scene For the latest information and booking enquiries, contact Paul Bunce at Barker Brooks Media on 01423 851157 or email [email protected] YLC_2011.indd 1 14/04/2011 11:59 Leeds & Yorkshire Lawyer | Issue 101 19 SPECIAL ANNIVERSARY COMMENT FOCUS Crossing the pond Merging with an American firm is all plain sailing, according to our regular columnist Patrick Walker Patrick Walker is Head of Squire Sanders’ advisory and advocacy service, Property @ction and also acts an independent mediator: imediate.co.uk I was brought up next to a large pond. It is no more than three or four feet deep but you can sink below the surface if you step into soft mud and rotting leaves. I mapped this paradise from the dinghy my dad made for me that we launched after a ginger beer christening. My surveying trip didn’t happen right away – actually no trip happened right away because Kingfisher sank unceremoniously before the ceremony was over. Buckets of putty and rolls of copper strip later she was launched successfully and continued to float even when occupied by a podgy schoolboy, his fishing tackle, a mud anchor, port and starboard navigation lights made from candles in jam jars, essential rations including a Wagon Wheel and half a packet of Refreshers, and the all-important notepad and pencil. Rowing out beyond Harbour Point I spied Heron’s Nest Island. In the distance were the muddy edges of Pig Sty Corner. Hidden behind a cool curtain of weeping willow was Green Cave and back in the main shipping lane was the imaginatively named Duck Log. I loitered in a cloud of midges parted periodically by bats skimming my nose and ears. I could not return until it was dark enough to guide the boat back to its new jetty by aligning the harbour lights nailed to three trees. It was great fun and perhaps I should have left it there but, as the undisputed captain of this exciting ocean, I set up Pond Patrol Tours and charged two pennies a trip for anyone fool enough to join me in a rowboat less than five feet long and still resembling my grandmother’s wardrobe from which it had been partly created. And so the desire to always go one step more, and ideally make a few pence in the process, found me bound for Cleveland, Ohio, and on to Orlando to visit first the founding office and then the partner conference for a merged firm promising new opportunity and ‘global reach’. This trip to the west could be interesting but would we soon be surrounded by ‘hostile Injuns’? You don’t need a Word spell-check to know that Americans don’t speak English but I figured that a ‘u’ could add color to a ‘nice day’, I could walk straight along the sidewalk and ride the elevator. I didn’t know that I would have to wait in line even though I would never find a queue or that nobody has a ‘specialism’. Worst of all those awfully nice ladies with really cute accents on security at Cleveland Airport kept suggesting I had a lovely accent. Of course I have none but I was happy to humour their request to say ‘Cheerio’. I wonder whether ‘Weetabix’ would have had the same reaction. There is a serious point to this script though (yes, well there had to be sooner or later). I left Manchester a Yorkshire sceptic (unscathed incidentally by contact with the airport’s new threedimensional electronic assistants which a fellow passenger unfortunately described as ‘holocausts’), but found charm and enthusiasm at almost every turn, and a ‘can do’ attitude that would be better described as ‘full on’ than ‘half full’ let alone ‘half empty’. It’s easy to knock excessive exuberance but spend more than an hour in Cleveland and you may re-assess the boundaries of excess. By the time I reached Orlando I had absorbed much more energy than jet lag could extract and I have resolved never to ridicule energy and enthusiasm, even if the consequences are not always to my taste. As I crossed the Pond once more I resisted an embarrassing urge to put on my lifejacket. I had been reminded that if needed it was under my seat. The trouble is, that is precisely where it was on the childhood day that a monster fish (six inches long at least) caused my float to dive like a pearl fisherman, me to stand up in excitement, and the boat to sink to a muddy grave. But I floated without the jacket, the boat was recovered and tours were resumed. I was optimistic as to the future then and I am now, although as a Yorkshire partner observed, ‘a pessimist is only a wellinformed optimist’. Leeds & Yorkshire Lawyer | Issue 101 21 POINTS OF VIEW: ABS Tomorrow's world Alternative business structures (ABS) are coming in October. Are you for or against the decision to allow non-lawyers to take management and ownership roles in firms for the first time? It’s the way forward, argues Chris Fry of Unity Law Chris Fry is Managing Partner at Unity Law, a Sheffield firm that has already confirmed its intention to become an ABS in October G iven the enormously complicated, mysterious and political constitutions of most conventional law partnerships it’s difficult to imagine that anybody having worked in one would propose to emulate the structure if they had the choice. Most company lawyers advise any ambitious business with long-term plans to become a limited company, so why all the soul searching about whether it’s the way forward for us? It’s an easy decision to make if you’re a client-focused business with a well-defined brand, but it’s a big deal if you’re an old fashioned general partnership with off balance sheet arrangements and liabilities. A large number of partnerships have problems working out between them what their equity share is worth to each other let alone the bank or an outside investor, making it difficult to attract appropriate financial support or securities. So what is the advantage of ABS? First we need to look at the way consumers now access goods and services. With the proliferation of the Internet, this has changed enormously over the last 10 years. For established practices that have built up years of consumer loyalty and public trust then the Internet may not have had much of an impact until now. But across the spectrum from stay at home parents, 22 Leeds & Yorkshire Lawyer | Issue 101 charities, voluntary groups, private and public sector employees, business executives to ‘silver surfers’, the use of Internet searches to identify the right person for the job is increasingly dominant. Recently my sister-in-law asked my advice on whom to instruct for an Enduring Power of Attorney. I made my recommendation of a local firm, but after some web searches she eventually chose a firm miles away but that could do the work quicker and cheaper. She accessed this other firm by typing in ‘Enduring Power of Attorney’ into a Google search. The bottom line is that ABS offers the flexibility of a small practice with the funding and experience of a larger practice This creates opportunities for niche practices to flourish because of their abilities to brand their services more effectively to a tightly defined market. Where ABS becomes powerful is to this niche group who are able to use their branding to attract commercial partners who can add value and help develop market share. I believe in this theory so much that I have put it into practice. Unity Law was created to help people with occupational illnesses and disabilities. I knew that whilst I was comfortable with the legal side of the business, the most significant challenges would be in staying in touch with the market whilst working on the cases, maintaining quality and actually running the firm as a business. I also knew that to do the work profitably would need sizeable investment. To do all of that effectively we formed a limited company with three shareholders, including a barrister specialising in occupational diseases and serious personal injury cases, and an experienced business director with mining industry experience. As a limited company, the shareholders have the flexibility to appoint or replace directors. This means that the performance of the directors is key and can be treated as different from ownership, which will be particularly important as we grow. That structure also allows for objective and quick decision making, full accountability and accounting transparency to our staff. Naturally, this also allows us to own or offer interests to other organisations. The bottom line is that ABS offers the flexibility of a small practice with the funding and experience of a larger practice. For ‘small practice’ read focused. We have every intention of being big, but in our chosen market. We can spend our money and apply our resources exclusively to that market without having to underpin under-performing teams, and our specialism should mean that we can react quickly to challenges. I’m not suggesting that ABS is right for every practice but, in the reserved sectors where solicitors remain exclusively licensed to provide legal services, there can be significant opportunities to make new partners and reach a wider cross-section of clients. That has to be good for the individual by making it easier to access justice. POINTS OF VIEW: ABS I have concerns, says Rodney Lester of Lester Morrill Rodney Lester is Senior Partner at Lester Morrill in Leeds and a former President of Leeds Law Society I n its Legal Services Form Fact sheet, the Ministry of Justice lists as the main benefits of alternative business structures increasing access to finance; increased flexibility; integrated legal and other professional services and allowing new providers into the market place. They say that this will lead to innovation and price reductions, resulting in more people being given access to legal services. The consumer is at the heart of these reforms. Lawyers cannot be complacent. We have not always, as a profession, served the needs of those who rely on us as well as we might, and the law does not exist simply for the benefit of lawyers. For those who cannot wait to jump on board the ABS train I would say that they should make sure they know what they are getting into I make no apologies, however, for expressing concerns. Whilst I accept that consumerism is an important factor in the provision of legal services, it is not, I would argue, the only, or even the most important, factor. We should not treat the supply of legal services like the supply of baked beans. Whatever the demands of the marketplace, professional lawyers are not retailers and consumers should not be allowed to drive the importance of the wider public interest in the rule of law. Lawyers have many ethical duties. These are often referred to as core values or public interest duties. These are duties which sometimes require the consumer interest to take second place to the public interest. One has only to think of the money laundering regulations as an example. On 6 November 2010, when addressing the 25th Annual Bar Conference, the Master of the Rolls, Lord Neuberger, put the matter succinctly. He said: “Whilst promoting competition and the opportunity to operate new business structures and the consequence of the 2007 Act which are intended to benefit both the public interest and the consumer interest, I would argue that must be limited by the public interest”. It is axiomatic that, in business, the quest for profit is a major factor but can we be certain that the search for bigger profits will not conflict with lawyers’ independence and that the latter may be the loser? We are assured that there will be safeguards. We have heard this before and I am not convinced that these will avoid the risk of integrity being sacrificed on the anvil of greed with the consequent loss of respect for the legal system and rule of law. On a practical level, where is access to external finance to come from? I read recently that, as a general rule, private equity firms expect to double their initial investment and withdraw that sum at the end of four years. If this proves right, the source for funding for a diverse supply of legal services will dry up and the provision of mainstream legal services will be in the hands of a few national ‘brand name’ companies. Without wishing to be too cynical, I don’t see the banking sector, which has led the way in this respect, as the model we should wish to emulate. The Office of Fair Trading has reported that markets generally work best for consumers when there is unrestricted competition between existing suppliers and unrestricted potential competition from new suppliers and from new forms of supply. Organisations such as the Co-op will inevitably have an increased impact as providers of legal services. They have the financial muscle and a trusted brand name. I am fully aware of the significance of branding and that there is a place for commoditisation in certain sectors. At the present time certain legal services (litigation, advocacy, etc) are reserved to solicitors, barristers and other persons under the Solicitors Act 1974, but there is no guarantee that these activities will remain reserved. Even if they do, the current trend is towards survival by way of consolidation. From October, there will be multidisciplinary firms. Solicitors and counsel chambers may, and probably will, in some cases, combine. Whereas, now, even a sole practitioner can obtain the services of any counsel, this will no longer be possible and, for some at least, far from expanding consumer choice, this will be more restricted. As lawyers we are entering unchartered territory. For some, both users and providers, there will be greater opportunities and, potentially, greater access to legal services. There will be casualties along the way though and for those who cannot wait to jump on board the ABS train I would say that they should make sure they know what they are getting into. It may be a case of being careful what you wish for. Leeds & Yorkshire Lawyer | Issue 101 23 “Our food combines the simplicity of true Italian cooking using only the very best ingredients.” Marcello Distefano | Managing Director Originale Cucina Italiana Tel: 0113 246 1500 6 - 7 South Parade, Leeds LS1 5QX www.sancarlo.co.uk [email protected] WINNER OF FOURTEEN PRESTIGIOUS AWARDS London Manchester Birmingham Bristol Leeds Leicester Liverpool Milan Rome Kuwait San Carlo Leeds - yorkshire lawyer.indd 1 14/4/11 11:25:06 www.pwc.co.uk/briberyact Striving for ‘Adequate’ The UK Bribery Act has focused minds on developing ‘adequate procedures’ to mitigate bribery risk for organisations. We have developed BRiskTM, a web-based diagnostic tool offering a quick, collaborative approach to helping you sense check your bribery risk and anti-bribery programme. Together, we’ll help you scope a proportionate response. Call Will Richardson on 0113 289 4428 or email [email protected] to set up a BRiskTM workshop. 20384_Ad_LS_v3_JW0902.indd 1 09/02/2011 12:04 POINTS NEWS: OF VIEW: ?????? ABS Keeping it traditional LYL competition winner Ryan Adams with his take on how firms in Yorkshire can rise to the challenge of ABS Over the course of the past six months Leeds & Yorkshire Lawyer, in conjunction with Leeds Metropolitan University, has been running an essay competition. Aimed at testing writing and research skills, the competition also encouraged the lawyers of tomorrow to communicate with the wider legal community of today. Students were divided into three categories (Year 2, Year 3 and Postgraduates) with article topics ranging from Legal Aid to the Legal Services Act. Leeds & Yorkshire Lawyer editor Steven Bancroft and Leeds Law Society President James Haddleton selected Ryan Adams as the inaugural winner and the third year LLB Law student (pictured above left) was presented with an award by The Lord Mayor of Leeds, Councillor James McKenna (centre) and Haddleton (right) at the recent Leeds Annual Legal Dinner. He also won a work placement at the Leeds office of DWF. W ith alternative business structures (ABS) just around the corner, the legal services market is changing. The £23 billion market that was once shared exclusively among legal providers could now be divided between other organisations such as banks, insurance companies and supermarkets. In light of the latter, ABS have been dubbed ‘Tesco Law’ which implies that in the future a consumer may purchase a legal service while doing the weekly shop. “ABS will provide a range of opportunities for firms and practitioners across the market in England and Wales,” explains a spokesperson for the Legal Services Board (LSB). “Fundamentally it is about removing barriers that have constrained the way that the law can be provided to clients. With the protections in place consumers will have more choice and lawyers will have more ways of arranging themselves to deliver to their clients. There may be some consolidation in the market, some small firms may close, but those who can look to provide what consumers want will flourish. “As for the junior parts of the profession, removal of ownership restrictions will mean that things are done differently as people adapt to what works. I wouldn’t be surprised if firms looked at new ways of rewarding their staff with, say, equity options rather than relying on the partnership. “Overall, we believe that the positive benefits will greatly outweigh the costs and ABS just opens the way to achieve those benefits.” The LSB suggests that times are changing and for the better. As students entering the legal profession, my junior peers and I will have more options available to us beyond the traditional career path from trainee to partner. Consumer at heart The Legal Services Act has the consumer at heart and therefore calls for all firms to have a ‘client-centered’ approach. Smaller and middle-tier firms in the region need to understand where their clients come from and why they do so before offering a service that goes the extra mile. It stands to reason that cost will be one of the major issues going forward. Large companies with the financial capability will bring with them technology and IT knowhow that promise to increase the speed at which a service is delivered. Marketing savvy and expertise is also an area where lessons can be learned. Given the way in which technology is now valued as an essential commodity for big-name consumer brands, I would not be surprised to find within the next ten years social networking sites like Facebook providing their own kind of dispute resolution to users that have grievances online, where the full service could be accessed by the client from his or her own home. Keeping the Yorkshire pudding traditional! Leeds-based barrister and Conservative MP Simon Reevell supports a: “flexible approach to the provision of legal services providing that costs savings are not funded by a reduction in the quality of the service available to the consumer. “In the provision of legal services we should remember that the key word is service and this means a combination of competitive price and outstanding quality.” He is absolutely correct and highlights fundamentally the main challenge that will be posed to law firms: the cost of their service in comparison with quality. The big branded companies cannot compete with the traditional face-to-face service for which law firms are renowned, they also cannot provide a service that is unique. Their products and/or services tend to be generic across all branches and stores and it has been suggested their legal services will be too. To demonstrate this point with the use of an analogy, firms in Leeds and Yorkshire need to think just like the Yorkshire pudding. It was so unique and innovative when first created in 1737 but now produced in the masses by the likes of Aunt Bessie, who has done so since 1947. Aunt Bessie calls it a Yorkshire pudding, and in theory it is, but in my opinion it does not compare to those that are homemade in the traditional way. Firms in Yorkshire should supply legal services as they have done for years and in their own unique way. This should be coupled with quality above and beyond expectations, even if costs have to be reduced. Leeds & Yorkshire Lawyer | Issue 101 25 FEATURE: Headline interview Yorkshire pride Law Society President Linda Lee hails from Yorkshire and answers questions from both local and national perspectives in an exclusive interview Linda Lee is the President of The Law Society of England & Wales How is Leeds and the wider Yorkshire area viewed from Chancery Lane? Without a doubt we see it as a very important area, not least because there has been something of a Yorkshire takeover in recent years! At times you could be forgiven for thinking we have annexed Chancery Lane with myself, a Yorkshire President, a Chief Executive (Des Hudson) hailing from Halifax and of course the Immediate Past President (Robert Heslett) who is also from Yorkshire. It’s fair to say that this region in particular is close to all of our hearts. So what is it about Yorkshire folk that makes them good in office? I practised in Nottinghamshire while based in Yorkshire but I know a thing or two about what makes us tick. In Yorkshire we breed a certain type of individual that is fully committed to making things happen. We are certainly not bystanders and we’re always keen to make sure the Yorkshire view is heard. How are local law societies currently faring? Having attended the recent Leeds Annual Legal Dinner (pictured above right), I was really pleased to see Leeds Law Society (LLS) supported by so many of its members, particularly at a time when it is very tough for the profession. The fact that those members voluntarily chose to be there supporting their local law society is heartening. It is also a sign of the support they feel they are 26 Leeds & Yorkshire Lawyer | Issue 101 receiving from the society itself, as I know personally that LLS has implemented a host of programmes aimed at supporting solicitors in the local area. Why are local law societies like these so important? They are vital because they can reflect the position on the ground. The national Law Society is important because it gives a strong voice at a national level, but undoubtedly there are certain issues that a local law society can do far better. They can react quicker and more effectively to local needs rather than the national society, which often has to look at bigger concerns. That independence and variety is really important and I have been and always will be a big supporter. Is there anything this region does particularly well that could be held up as an example to others? The level of engagement that LLS has with its membership is something that other law societies could certainly learn from. How do you respond to those who say what happens in London with the national Law Society doesn’t really affect them? I can understand that people are very busy and that there are lots of pressures in their day-to-day working lives. Maybe they don’t have the time to consider the in-depth issues that are developing all the time. Fortunately there are volunteers in each area – the local council members – that take on that task. They take what is going on at national level back to local law societies. The flip side of that arrangement is that they also make sure their voice – in this case the Yorkshire perspective – is clearly heard at Chancery Lane. What are the biggest challenges facing the industry at present? Without a doubt it is the amount of change we are facing, both in Yorkshire and nationwide. First and foremost there is the introduction of alternative business structures (ABS) in October so there will be new competitors on the High Street practising in a different way. Then there is the changing shape of regulation and the Outcomes-Focused Regulation being implemented by the Solicitors Regulation Authority which promises to bring about a different approach for individual firms. There are also changes concerning the nuts and bolts of running a practice like PII. All of these are key issues that are going to affect the profession in its entirety throughout England and Wales. Do you have any specific concerns for the year ahead? The other massive issue that cannot be ignored has to be the position of young lawyers and how their prospects are going to be affected. The number of people who want to be solicitors and are currently involved in studying and building up debt but may never actually qualify is a massive issue. FEATURE: Headline interview Is there a danger that too much change is being ushered in during too short a period of time? That is something we have to be alert to as there is a huge amount of change for firms and solicitors to get their heads around. It stands to reason that running parallel to this is also a huge amount of change for the public and we have to ensure that at all times they are protected. We must make sure they are adequately protected because the general public is used to the product that we give and the safeguards therein. With change in mind do you view this as a time of great excitement or concern? Neither. I’d say it’s a time of opportunity. Some firms will want to become ABS – if a firm already has a non-solicitor partner they will automatically become one – so some will look exactly the same as they do right now. There will undoubtedly be opportunities for existing firms, particularly when it comes to expansion, and I dare say for others there will be increased competition. They key for firms now is to have a plan and a strategy for the future. Are they going to go down the ABS route? Are ABSs going to impact on their market? How will it affect how they get their clients? These and many more are the type of questions that individual firms must find answers to as there isn’t a blueprint or a one-size-fits-all solution for the future. However, saying that I stress that there is absolutely no need to panic. We must never lose sight of the fact that this is a really resilient profession and what we do we do really well. We may have to adapt and change but we will adapt and change. No matter how bad we fear it may be it is never that bad. In fact some people will come out of it very well. Overall are you upbeat about the state of the regional profession? Without a doubt I’d say yes as everything suggests that there are still a great number of Yorkshire firms doing well. While there are undoubted difficulties for some at the moment, I don’t believe Yorkshire will be impacted any more greatly than anywhere else. I don’t get to spend as much time as I would like here but in my opinion it is still God’s Own County. It is a fantastic place to live and work and I view the future of firms in Yorkshire with great optimism. THE YORKSHIRE LAWYER AWARDS 2011 05/10/2011 SAVE THE DATE Nominations open soon Venue : queens hotel, leeds Contact details : jo gatie | [email protected] Telephone : 01423 85 11 57 IN ASSoCIATIoN WITH CHARITY PARTNER YLA2011_HP.indd 1 SPoNSoRS 11/04/2011 10:52 Leeds & Yorkshire Lawyer | Issue 101 27 FEATURE: Judiciary interview Life lessons The Honourable Mr Justice Langstaff tells Steven Bancroft why delaying the start to his career at the bar proved a wise decision A ged eight he wanted to be a farmer and then later a fiction writer. So just how did a former university lecturer end up becoming not only a judge but a Justice of the High Court? The lecture hall to the bench is not a well-trodden path, but it’s one that Mr Justice Langstaff is convinced made him first a more rounded barrister and then later a judge. The Queen’s Bench liaison judge for the north-east region certainly didn’t set out to reach such high office when he spent four years educating others in his early 20s. “I qualified as a barrister but then didn’t want or couldn’t really afford to go to the bar, so I went and taught law for four years,” explains the Scottish-born but proud Englishman. “At the time I wasn’t sure that I really wanted to be part of the bar scene as it seemed to me to be a little elitist and aloof. People were interested in making money, and quite frankly I wasn’t. I was much more interested in the process of justice and the social science side. “I didn’t want to sever my ties completely – because I might come back to being a barrister – and I knew teaching through my father. I felt like I was putting my knowledge to good use, the pay was reasonably good and I found it gratifying helping students understand the issues.” After four years at Chelmsford where among his former students was the future Attorney General Baroness Scotland, Langstaff first married, then found himself a “kept man”; and his thoughts began to turn back to career progress. “I was quite happy doing what I was doing but I thought I might be still delivering the same lessons in ten years,” he reflects. “I arrived at the stage where I thought ‘if I don’t try [the bar] now I probably never will.’” So did four years away necessitate a period of readjustment for the fledgling barrister? “Hardly,” he responds emphatically. “It helped massively because I found I knew the law a lot better. They say if you want to know something teach it, and it’s so true.” Both cerebrally and practically, Langstaff found his time involved in education actually helped his career flourish. He continues: “What I hadn’t reckoned with was that a lot of the students I taught went on to become solicitors by the time I went to the bar. “Some of them obviously thought my lectures weren’t that hopeless and began to instruct me. There is nothing that impresses a clerk more than a pupil getting his own work sent in. That made me very popular, which was a great help when it came to getting into chambers. “Also if you’re representing someone who is 35 or 40 and you are 23 or 24, there is a tendency for them to think you might be a little wet behind the ears. A few years can make a lot of a difference.” Langstaff originally practised in crime before moving on to specialise in personal injury, clinical negligence and employment. That, together with some judicial review, remained the mix when he took silk in 1994 and all the way up to being appointed Justice of the High Court in October 2005. “It’s fair to say I didn’t set out to become a judge,” the now resident of East Anglia explains. “It was only later on when I’d been practising for a long time that I realised it might be the place where you can make a bit of a difference. “After all as a lawyer you spend a lot of time asking some judge to make a decision. You are responsible to your lay and professional clients and to the court and the judge but you don’t ultimately make the decision. Irrespective of what your case is you know which way he ought to decide it, and it’s rather nice to be in the position of deciding yourself instead of having to persuade some silly idiot to decide it one way or the other. Instead it is you who is the silly idiot!” Langstaff now has special responsibility for the Administrative Court in the north-east region and thus spends a number of weeks each year in Leeds. It therefore seems pertinent to ask the selfconfessed Yorkshire cricket follower what he looks for when local practitioners are presenting in court. “In one word, focus,” he concludes. “When you have a welter of facts you need to get to grips with what the issue is. One judge, a former Master of the Rolls, said there was only ever one issue in a case. I think he may have simplified a little, but there are certainly no more than two or three. “The knack of the advocate is identifying what those are and saying why a court should decide in his or her favour. The art of the judge is identifying those issues correctly and working out how to fairly resolve them. You do that by concentrating and narrowing down, so if there is just one issue in the case then why talk about ten?” Leeds & Yorkshire Lawyer | Issue 101 29 When it matters most From Sobriety to Excessive Alcohol Use Concateno provide a range of tests to help you assess sobriety or excessive alcohol use including: • Urine alcohol and EtG testing • Breath alcohol testing Concateno TrichoTech • Hair testing for EtG and FAEE When it matters most • LF and %CDT blood testing Concateno TrichoTech has over 15 years experience in testing and reporting on child protection cases. In 2010 alone, we tested over 11,000 parents involved in family and To find out more about how these tests can help your cases contact us on: care proceedings, demonstrating that our testing provides Tel: +44 (0)29 2054 0542 Our customers can be confident that they are getting the Tel: +44 (0)29 2054 0542 Email: [email protected] www.concateno.com © Copyright Concateno 2011 protection cases than any other company, worldwide. highest level of expertise and service. Also available: • Expert Witness Reports and court appearances • Collection services Concateno TrichoTech 1 Pentwyn Business Centre, Cardiff, CF23 7HB, UK MCP0002 Ed.001 Email: [email protected] evidence of substance use or abstinence in more child FEATURE: Substance testing Evidential information Testing for drugs and alcohol in family law cases where there are allegations of substance misuse helps identify potential harm. Kevina Murray examines the latest developments Kevina Murray is a Marketing Executive within TrichoTech, the child protection division of Concateno T esting for alcohol use or sobriety is increasingly being employed to build up a more comprehensive picture of a parent or guardian regarding their alcohol consumption. Within the UK there are estimated to be 2.6 million children living with hazardous drinkers and up to 1.3 million children affected by parental alcohol misuse. That means that one in 11 children live in a family with alcohol problems. Laboratories with the appropriate experience can help family lawyers gain evidential information and in doing so, aid the judge in his or her decision-making. It is important to understand the options available for testing for alcohol and how they should be utilised correctly to ensure the results are applied in context. How do I prove abstinence? To prove abstinence or sobriety, urine testing and breath alcohol testing are the best options available because they have a greater degree of accuracy and a long track record of use in evidential contexts. However, alcohol remains in urine and breath for relatively short periods of time, from just a few hours up to four days for some alcohol markers. We advise, therefore, that a minimum of three tests a week over a four-week period are needed to build a more precise picture of use. A urine test for alcohol and ethyl glucuronide (EtG) looks for both the parent substance alcohol and a direct metabolite of alcohol EtG. Utilising this test allows for a window of detection of up to four days (depending on the level of consumption) which is longer than detecting alcohol only. Breath alcohol testing provides an even more recent window of detection than the urine test and can indicate whether someone has alcohol in their system at the time the test is conducted. Is a person’s alcohol use excessive? The other question often posed is over excessive use of alcohol. Alcohol is not an illegal substance, however, it has the potential to have major consequences if misused, from neglect through to violent conduct. Currently, chronic excessive alcohol consumption is classed as an intake equivalent to or over 60g of pure ethanol per day for several months. Hair alcohol testing provides a tool to help assess whether a person is using alcohol chronically and excessively. Hair tests for EtG and fatty acid ethyl ester (FAEE) use a combination of markers to detect direct metabolites of alcohol. In line with the Society of Hair Testing’s consensus on alcohol markers, tests are best conducted on three-centimetre lengths of hair, representing the most recent three months of consumption. There is currently no agreement or allocation on the testing of non-scalp hair, multiple lengths of hair or lengths longer than three centimetres, but this may change as this comparatively new technology gains more research data to support additional contexts. In addition to this there are more traditional tests available such as liver function (LF) and carbohydrate deficient transferrin (CDT) blood sample tests. Both of these can be used to highlight the damage excessive alcohol use has on the body, which in turn can be detected in the blood. The LF test is a snapshot of the function of the liver at the time the sample is taken. The CDT test offers higher specificity detection of heavy alcohol consumption by looking at a protein that transports iron around the body. This protein can take on a deficiency of carbohydrate molecules, which is caused by consuming alcohol. This test can highlight an increase of alcohol intake of longer than two to four weeks. What else should you consider? These tests should be not used on their own, but rather as a combination and/or with clinical assessments. When choosing testing it is important to speak to your provider to ensure you are using the best solution for your case and to ensure the testing is used in the correct context, for instance, it is not appropriate to use hair alcohol testing for information on abstinence. ISO/IEC 17025:2005 is the quality mark you should look for when selecting a drug and alcohol testing laboratory. In the UK, accreditation to ISO/IEC 17025:2005 is granted by the United Kingdom Accreditation Service (UKAS). However, it is important to note that when a laboratory introduces a new test it may not be UKAS ISO/IEC 17025:2005 accredited immediately, as it takes time to complete the applications and audits needed to gain the certificate. Concateno TrichoTech has provided hair drug testing expertise to family lawyers in the UK for over 15 years, based at their UKAS accredited laboratory in Cardiff. Their reputation is based on delivering unbiased, scientificallyled and informed drug testing to the highest industry standards. They are the only UK laboratory accredited to ISO/IEC 17025 for testing for 50 drug groups and their metabolites in hair including the alcohol marker EtG. Leeds & Yorkshire Lawyer | Issue 101 31 Connect with the changes affecting the legal profession – with Law CPD from BPP In the same way communication has evolved over time, it’s essential for the legal profession to keep up-to-date and to embrace change. Get ready for the final implementation of the Legal Services Act 2007 with BPP’s Legal Business Management Programme. Our new Programme provides essential training in effective commercial and management strategies to equip you to tackle the changes affecting your practice head-on. “ Intelligence is the ability to adapt to change” Stephen Hawking Face the future with confidence by enrolling on the BPP Legal Business Management Programme today. To book your place or view BPP’s wide range of Law CPD courses call 0845 Undergraduate degrees 164 5120 or visit www.bpp.com/lawcpd Masters degrees Law qualifications Professional qualifications Learning media PROFESSIONAL DEVELOPMENT FEATURE: Media and the law The world is watching Tim Toulmin examines the continuing media revolution and discusses the implications this has for the law Tim Toulmin is the Founder and Director of Alder Media Ltd. Previously he was Director of the Press Complaints Commission T here is a revolution going on right now. It is so powerful it topples governments, bankrupts businesses, creates billionaires and makes people world famous overnight. It is the information revolution of course and it is changing every business model, institution, even every relationship and it has major implications for the law. Before exploring that further, let’s just marvel at the pace of change. Is Google really only 12 years old? Can it be true that Facebook has only been around since 2004, or that Twitter, with its 200 million users who send one billion tweets every week, has only just celebrated its fifth anniversary? They are woven so far into our collective psyche that they seem to have been around for ever. And this is just the start. Who knows what’s next? Whatever it is, one thing is for certain: all the coming innovations will only enhance the trend of greater openness and immediacy that has been the hallmark of social media. There is no going back: there has been a massive, permanent shift towards an intimate, immediate, ‘let it all hang out’ society. Trying to put a lid on this is futile – businesses, and insitutions like the law, will instead simply adapt to it. Legal developments have already gone with the transparency flow somewhat. Tweeting from court is allowed. The Family Courts have been opened up. Even the Court of Protection has recently lifted reporting restrictions in one or two cases. And the Master of the Rolls has called for a “community of active informed court reporting on the Internet”, and the televising of some court proceedings. The Attorney General’s dismay at the withering of respect for the Contempt of Court Act in the reporting of criminal cases is the other side of the coin. But what can be done? It is an irrevocable consequence of the way people communicate nowadays and the media cannot be viewed in isolation from the millions of individual men and women publishing their thoughts, photos and observations online. These all illustrate the same thing: the law is not immune to the pressure for greater transparency that has affected every other walk of life. And we can guarantee that such pressures will only intensify. The challenge for law firms is in anticipating how client demands will change as a result of these seismic changes and how to innovate accordingly. What drives client expectations is that, despite this cultural shift towards almost total transparency, people still hate being publicly defined on someone else’s terms. So, in a world of almost limitless scrutiny, people expect their legal advisers to have ways of protecting them. This is particularly so given the scope for publicity during legal proceedings. The potential audience is huge. Alongside social media there is the remarkable rise of digital media in the UK – there are over 150 million global online users of British national newspapers for instance. Whatever is written will be permanently available, affecting reputations for ever. So, how are parties to litigation to cope in a world where everyone is, potentially, watching? The truth is that there is a lot that people can do, but they have to plan ahead and get expert media advice. This is where we come in. We work with lawyers to give clients their own strategy for dealing with scrutiny. It helps protect what most people regard as their most important asset: their reputation. And it helps people feel in control. I suspect, such is the pace of change, that within a few years it will be commonplace for firms to have their own embedded media experts, helping their clients navigate the modern media and protect their reputations for the long term. It will be another consequence of the information revolution. Alder Media Ltd is a media relations agency that works with clients in Leeds, London and Manchester. They work with innovative law firms to help their clients get the best out of this new reality. For more information visit www.aldermedia.co.uk Opening up opportunities LONDON 020 7600 1690 LipsonLloydJones_LYL_97 1 www.ll-j.com NORTH 0161 833 0034 17/11/2010 14:25 Leeds & Yorkshire Lawyer | Issue 101 33 YourShore.co.uk YourShore is hosting a free seminar at 5pm at the Queens Hotel in Leeds on 11 May. Charity Consultants ~ Bespoke Consultancy, Specialist Seminars and Advice Service for Professionals working with Charities ~ Seminar Charitable Incorporated Organisations – Constitutions and Conversions Intensive Workshop Wed 8 June 2011,York. £140 ~ Advice Service Ask the experts anything about charity law and accounting. Only £295 for 12 months subscription. Please come and join us (refreshments provided). This free discussion forum is for law firms in Leeds to consider specific new opportunities for cost cutting and quality enhancement and to showcase YourShore’s targeted services in back-office and middle-office management for law firms large and small. Please call 01904 788885 or go to www.kubernesis.co.uk for more details. Feel free to call Toby Starr on 020 7199 1451 with any queries. The Kubernesis Partnership LLP Websites for Solicitors Kubernesisnew.indd 1 yourshore_qp.indd 1 14/04/2011 09:09 15/04/2011 11:11 If you don’t have a website, or you have one that isn’t on page 1 of Google you are missing out on new clients. The internet is now the number 1 method by which clients find a Solicitor. EXCITING LITIGATION OPPORTUNITY… Good websites deliver new business. I build websites that work. I am an expert is Search Engine Optimisation - that is the art of getting your website to the top of the Search Engine results. An effective Solicitors website requires someone with specialist knowledge, experience and a proven track record of achieving results for Law Firms. Litigation Partner Required for a debt collection agency opening for business in this area very soon. We have vast experience in this market and are looking for a qualified solicitor or solicitors, initially to conduct litigation on behalf of our clients. The great majority of this work is non-contentious litigation on regulated consumer credit agreements. However, we are looking for a long-term partner to take advantage of the Legal Services Act (2007), with a view to forming an ABS with part-ownership, as soon as the new provisions become available. Our chosen partner should be capable of sustaining his/her own practice in the meantime and be willing to relocate to our own high quality, airconditioned offices in the area of J26/J27 of the M62. Let me show you what a great website can offer. See my website for more information and client testimonials or call me on 0788 5252709 www.solicitorswebsites.net If you think you have the necessary interest and vision for the future of this industry, then contact Debra Highley, PA to the Chief Executive on 07849-379972 or 01422-432001. FEATURE: Pension advice Planning for the future Andrew Kilby explains exactly what the new retirement rules could mean for you Andrew Kilby is a Financial Planning Director at Armstrong Watson D eciding how to take your pension benefits is one of the most important financial decisions you or your clients are ever likely to make. The new retirement rules, which were effective from 6 April this year, bring about important changes and potentially increase the attraction of pensions to investors. Investors will have the freedom to choose when and how they take their pension, with the compulsory annuity age of 75 being withdrawn. From 6 April 2011, investors will be given more flexibility about how they choose to use their retirement savings. You will still be able to convert funds to an annuity if you wish, but you will also have more options available to you. Investors will be able to use Income Drawdown and take no income at all from their pension for as long as they wish; however, tax charges on any lump sum death payments will prevent this option being used to avoid inheritance tax (IHT). New drawdown On 6 April 2011 a new drawdown, called Flexible Drawdown, will be introduced. This will allow those who meet certain criteria to take as much income as they want from their fund in retirement. It will normally only be available for those over 55 who can prove they are already receiving a secure pension income of over £20,000 a year when they first go into Flexible Drawdown. The secure income can be made up of State pension or from another pension scheme and does not need to be inflation proofed. Investment income does not count. There will be restrictions designed to prevent people from taking all their Protected Rights (monies accrued from contracting out of SERPS/State Second Pension) or from using Flexible Drawdown while still building up pension benefits. Where Flexible Drawdown is not appropriate, the current drawdown option after 6 April 2011 will become known as Capped Income Drawdown. The maximum income will be broadly equivalent to the income available from a single life, level annuity. There will be no minimum income, even after age 75. The maximum amount will be reviewed every three years. Reviews after age 75 will be carried out annually. Death benefits and tax charges The changes to death benefits and tax charges mean that if you die while your pension fund is in either form of drawdown, or after the age of 75, all of your remaining fund can be used to provide a taxable income for a spouse or dependant. Alternatively, it can be passed on to a beneficiary of your choice as a lump sum, subject to a 55 per cent tax charge (or nil charge if paid to a charity). Previously, a tax charge of up to 82 per cent applied on lump sums paid after age 75. Currently, a pension fund that has been ‘crystallised’ by using Income Drawdown is subject to a tax charge of 35 per cent if the member dies and lump sum death benefits are paid. From 6 April this will increase to 55 per cent, and applies to plans currently in force. It is also worth noting that, after age 75, this 55 per cent tax charge will apply even to funds that have not been crystallised (from which no lump sum or income benefit has been taken). Annuities Annuities themselves have not been changed; however, the minimum age at which you can buy an annuity is age 55. An annuity will still be the option of choice for a lot of retiring investors because, unlike Income Drawdown, it provides a secure income for life. Annuities are expected to be used to secure the minimum income requirement of £20,000 to allow investors to use the rest of their pension to go into Flexible Drawdown. Welcome choice The increased choice at retirement is welcome and potentially makes pensions more attractive. Obtaining suitable advice is critical to choosing the most appropriate retirement strategy. Caveat Past performance is not an indication of future performance. Tax benefits may vary as a result of statutory change and their value will depend on individual circumstances. For further information contact Andrew Kilby at Armstrong Watson on 0113 2211 300 or via email on [email protected] Leeds & Yorkshire Lawyer | Issue 101 35 PROMOTIONAL FEATURE Fit for a brand new model Black is back at Minster Jaguar in Leeds thanks to a major showroom refurbishment to welcome the all new XJ T he showroom has undergone a stylish makeover with black being the dominant theme, including a refreshed interior and an updated customer waiting area. It is one of the first Jaguar dealerships in the UK to be given this new corporate identity. Garry Clayton, Dealer Principal at Minster Jaguar in Leeds, explains: “Our new look is very stylish and customers are already saying how great it looks. However, it’s only befitting for the arrival of the new XJ which is a car oozing panache and flair.” Sleek, sporting and sophisticated, the all-new XJ (pictured top right) priced from £55,500, brings a daring new spirit to automotive luxury. It offers a seductive mix of striking design, breathtaking performance and engineering without compromise. Clayton added: “The new XJ is a thoroughly modern interpretation of the quintessential Jaguar and rightfully takes its place in our refurbished showroom.” The introduction of the all-new XJ is a landmark for the revitalised Jaguar brand. Clearly positioned as the company’s four-door flagship, it extends the appeal of the XJ to a new generation. Meanwhile, the award-winning XF (middle right) and sporty XK (botom) are still proving to be showroom stars in their own right. Beautifully crafted, contemporary and individual, the XF has the style and sophistication of a luxury four-door saloon, the soul of a sports car and the visual excitement of a coupe. Delivering high performance, excellent refinement and outstanding dynamic ability, the XF is true to Jaguar’s philosophy of creating beautiful, fast cars. The new generation of Jaguar XK sports coupe and convertible models boast all-new engines resulting in more power and performance. Not only this, they come with revised exterior styling and interior enhancements but remain true to the heritage of Jaguar’s legendary performance, delivering a superb balance of dynamic ability and refinement. For more information on any of the models available at Minster Jaguar in Leeds contact the dealership team on 0845 128 8626 Leeds & Yorkshire Lawyer | Issue 101 37 In association with INTERVIEW: The last word I rather drifted into it! LYL speaks to Tony Gregory, Senior Partner at Keeble Hawson LLP Professional What inspired you to take up this particular vocation? I rather drifted into it. I recall my teachers thought I would make a good lawyer – probably because I wasn’t shy and had plenty to say. What has been your career highlight so far? It is difficult to highlight any one case or moment. I have had such a wide range of good experiences. Perhaps the one that sticks in the memory was successfully pursuing a major accountancy firm for a seven figure sum arising out of the fraud of one of their American partners. I spent months in the USA and saw at first hand how their system of justice works and how it differs from ours. What are your ambitions for the future? To continue breathing in and out for as long as possible… What will be the biggest challenge going forward? Change has happened continuously for as long as the legal profession has existed. However, I think profound change over the next 10 years will be seen – created by many and varied reasons. These include our troubled economy, technology, which will continue at ever-increasing speed to determine the way we deliver legal services, and last but not least new entrants hovering, with unknown results. What’s the best piece of advice you’ve ever been given? I started my career as an advocate. My boss advised me to pause after the witness had given his answer in crossexamination. He said that the witness would often feel compelled to fill the silence, often with very helpful comments. He was right! What advice would you offer anyone starting out? If a proposition looks too good to be true, it usually is! 2QOLQH5HWULHYDOV 9LHZLQJ 6FDQRQ'HPDQG 5HWULHYDO6HUYLFH Personal How do you unwind after a hard day at the office? Perhaps my days at the office have never been hard enough! I have not often felt the need to unwind. Who would be your dream dinner party guests? Leonard Cohen as his words and songs have kept me spellbound for over 40 years; Terry Wogan who is a wonderful wit; the star of Shameless and a very talented actor David Threlfall; and last but not least cricketer Derek Randall who has a real zest for life. What one luxury item would you take to a desert island? My Sky Sports TV package. If you weren’t involved in law, what would be your dream profession? A doctor. A profession that can really make a difference. I would need to be a bit braver though to be any good at it. What would be your ideal holiday? Any with my whole family around. Do you have a guilty pleasure? When you reach my age you find that guilt is an irrelevance. 'RFXPHQW6WRUDJH ZZZVDIHUPFRXN SafeRecordsManagement_Strap.indd1 1 38 Leeds & Yorkshire Lawyer | Issue 101 11/2/09 11:16:16 LUXURY SERVICED APARTMENTS CHAMPAGNE TASTE ON A LEMONADE BUDGET Fabulous meeting rooms On site gym Tranquil courtyard Rooftop Jacuzzis Music systems Air conditioning Cosy library Honesty bar Complimentary WiFi Secure parking 10 % Luxury serviced apartments in the heart of Leeds from only £99 per night or £55 per night for longer stays. 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