NWLN Sep-Oct

North West Legal News
The magazine of the Association of North Western Law Societies
September/October 2016
Interview with Robert
Bourns, President of the
Law Society
Local Law Societies
Conference in Birmingham
ANWLS meeting at
Farington Lodge

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Local News
From the President
On Monday 19th September I hosted a meeting for representatives of local law
societies at Farington Lodge in Leyland. I was delighted to meet Presidents and
Secretaries from societies across all the three Counties of Cheshire, Cumbria and
Lancashire.
Apart from having a delicious meal and the opportunity to network with
colleagues we had an interesting discussion about the issues facing local law
societies. Sadly some societies are struggling to retain members and sufficient
subscriptions to keep operating but other societies were having more success
by limiting their activities to an annual dinner and a quiz which were well
supported by fellow solicitors and other professionals. I was pleased to hear that
South Cheshire Law Society is bucking the trend by becoming a newly
established society.
The purpose of the meeting was future focused in looking at what ANWLS could
do for local law societies but inevitably the past achievements of ANWLS were
acknowledged in lobbying the national Law Society and other bodies and in
bringing national speakers to the region. The consensus of those attending the
meeting was that ANWLS still had a role in giving a voice to firms on the high
street and local law societies. ANWLS is able to speak with one voice on local
matters such as the closure of courts - Oldham Magistrates Court closed its
doors in September with the County Court due to close next year- but also on
equally important national issues such as the proposed changes to the SRA
handbook. The SRA consultation closed on 21 September, I hope you responded
as there are real concerns about the profession becoming two tiered as regards
regulation with different rules applying to solicitors depending upon in which
type of organisation they work.
The next meeting of ANWLS member societies will be held early next year and I
hope to see you there.
Bev Cullen
President
ANWLS Meeting at Farington Lodge
North West Legal News 3

Editorial
Editorial: Michael Jackson
VERBAL SNIPPETS
For no apparent reason I seem to
remember bizarre verbal snippets.
As if somehow I know they are
going to mean something to me in
later life. For example when I was
quite young I heard of a solicitor
who apparently got into such a
stressed state that he would jump
out of his chair whenever his
phone rang. Even then I felt a deep
compassion for someone in such a
pitiable state. At another stage in
my career I seemed to be able to
flow effortlessly through the daily
impossible issues which arose
without over reacting to them or
over thinking them. Unwittingly
had attained a state of enviable
equanimity -- since then I seem to
have lost the way there! The only
clue I can give you is to reflect
upon the Buddha 's Noble Truths
which approach life on the basis
Verbal Snippets
that 'he who expects nothing shall
never be disappointed'.
All that you are arises from your
thoughts. With your thoughts you
make your world. Our thoughts
and state of mind shape the
different worlds we each live in.
Who would want to live in the
world of the poor solicitor whose
phone rings made him leap up!
We cannot help anyone else unless
we are in a good state of mind
ourselves
The following story demonstrates
the importance of a Your State of
Mind.
The King had an elephant of which
he was extremely proud.
The elephant could be relied upon
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to make quite sure that the King's
ceremonial processions were well
ordered and passed off peacefully.
The elephant was very reliable.
However one day, quite out of the
blue, and during an important
Royal Celebration the Elephant
lashed out quite unexpectedly and
seriously injured one of his
passengers. The King was most
upset and ordered the Elephant's
Keeper to try and find the
explanation for the incident which
was so out of character.
The elephant's Keeper decided he
would spend a period of 24 hours
with the elephant to try to
understand its strange and violent
behaviour.
By evening no explanation had
emerged. The Keeper felt dejected
as he settled down for the night in
a stall in the Elephant house where
the Elephant slept. However at
about 2 o'clock the Keeper awoke
to the sound of a loud
conversation. His eavesdropping
revealed that a group of robbers
were planning their next evil
deeds, in a stall right next to the
Elephant's The Keeper had his
answer! He chased the robbers out
of the Elephant house and the next
morning reported to the King that
he had found the explanation for
the problem. The King ordered a
watch to be kept on the Elephant
House during the night.
Perhaps we should say ‘your
impossible requisitions on title are
abusing my Mind -- I will reply next
week!'
The moral of this story is that we
need to be aware of how easy it is
to pick up someone else's
Poisonous state of mind. I think
this is why the Buddha advised us
to journey on in life alone unless
we had as a companion a true
spiritual friend. When a friend
comes to you with words of
encouragement hope dawns on
you and you begin to find the door
out of the dark. The
encouragement you feel from
them is not just their words or
gesture: but in their presence
supporting and helping you find
the hidden door.
What matters in legal settlements
contentious or otherwise is trust
understanding and good intention
between the parties and their
lawyers.
One can then leave the millions of
archived words to fade away into
archived oblivion. And so it all
comes down to your state of mind
which is all important.
Michael Jackson
Editor
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Local News
Wilmslow's Roberts Jackson
shortlisted for prestigious
National award
Industrial disease specialists,
Roberts Jackson, are thrilled to
have been shortlisted for the
category of Claimant Team of the
Year at the Personal Injury
Awards 2016.
Roberts Jackson’s industrial disease
team is one of a kind. Starting off
in a single room in Wilmslow in
2009, the team has gone from
strength to strength, becoming a
leader in its field within just six
years. It is now 250-strong and
regularly sets precedents, shaping
the future of industrial disease law
in the UK.
The Eclipse Proclaim Personal
Injury Awards, now in their ninth
year, provide a unique opportunity
to highlight and celebrate the
excellence of individuals and
organisations across the personal
injury claims sector.
The objectives of the Awards are to
identify high standards of practice
and to inspire others to emulate
the achievements demonstrated
by those who have been
shortlisted.
The award ceremony will be
hosted by hugely popular
comedian Katherine Ryan at The
Grange, St Paul’s, London.
Chafes Solicitors grows
Commercial Property team
Cheshire and High Peak based
law firm Chafes Solicitors has
appointed Seema McWilliam as
a Commercial Property Solicitor.
Seema is the latest in a string of
appointments as Chafes continues
to grow its Commercial Property
Team following the appointment
of Head of Department Daniel
Woodcock in 2015 and the
recruitment of Solicitor Katy Craik-
White in 2016.
Seema has extensive experience in
advising on commercial leases
having acted for both landlords
and tenants. She also deals with
sales and purchases of commercial
property and secured lending
work. Seema is based at the
Wilmslow office of Chafes.
Seema has more than 10 years
post qualification legal experience
having previously worked at
Eversheds LLP for five years and
latterly the software industry in a
multidiscipline in-house counsel
role.
Seema McWilliam said:“I’m thrilled
to be joining Chafes and I’m
looking forward to working in a
busy team as the local commercial
property market continues to be
buoyant.”
Daniel Woodcock, head of
commercial property at Chafes,
added: “We’re delighted to
welcome Seema to the firm. Her
insight and experience will benefit
our existing and new clients and
will play a key role in supporting
our team as it continues to grow.”
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Local News
North West Law Firm expands
with opening Of Preston office
Law firm Farleys Solicitors has
announced plans to open an
office in Preston – its sixth office
in the North West – as the latest
stage in its strategic plan to
drive further growth across the
business.
The firm has purchased premises in
Winckley Square and plans to open
in the Autumn offering corporate
and commercial legal services, in
addition to family law and fraud
and business crime.
Managing Partner Ian Liddle
commented: “As a firm we have
seen consistent growth over many
years and the addition of another
office allows us to maintain our
growth strategy.
“It comes in response to increasing
demand for our legal services and
we look forward to working with
the business community in Preston
and continuing our growing
presence in the region.
We’ll be expanding the team in the
coming months and adding the
Ian Liddle
full range of legal services for
individuals and businesses over
time. The Preston office will give us
the perfect platform to build our
market share as we become more
integrated in the local market
place.”
Fresh faces as Aaron & Partners announce
new appointments and promotions
Aaron & Partners Solicitors has announced two new appointments
and made nine key promotions as the firm continues its expansion in
Chester, Shrewsbury and North Wales.
Trained in North Wales and a fluent Welsh Speaker, solicitor Joshua
Simpson has joined Aaron’s Real Estate team.A specialist in residential
property law, Joshua will assist clients with sale and purchase transactions.
He also brings experience in the management of freehold and leasehold
properties to the team.
Planning is key to growth
A Cumbrian law firm has
acquired a planning consultancy
business as part of its plan to
offer a comprehensive property
law service to clients.
Burnetts which has offices in
Carlisle, Penrith, Cockermouth and
Newcastle has acquired Bruce
Armstrong Payne Planning
Consultants in order to further
develop its planning service. The
deal was agreed at on 28th July
2016.
Bruce and his team will be based
at Burnetts’ Penrith office and will
work alongside Burnetts’ planning
solicitors Doug Claxton and
Robbie Mather: together the new
team will be able to support
clients throughout the full
planning process including
planning applications, site
development and planning
appeals where necessary.
A former Deputy Chief Planning
Officer with Eden District Council,
Bruce has over 25 years working as
a planning consultant on major
projects including Rheged, Lakes
Distillery and the Carleton Manor
Park housing development in
Penrith. A Member of the Royal
Town Planning Institute since
1973, Bruce is from Dundee: he
first came to Cumbria to join Eden
District Council as Local Plans
Officer and also worked at PF&K
prior to setting up his current
consultancy business.
Bruce said, “Planning has become
increasingly complex in recent
years and the merging of our
teams will allow my clients to more
easily access legal advice. I have
worked closely with Burnetts for
many years and I’m confident that
this full-service planning team will
enhance the support we can both
provide to our clients.”
Richard Miller, Head of Property at
Burnetts said, “The acquisition of
Bruce Armstrong Payne Planning
Consultants is a great opportunity
for Burnetts and allows us to offer
clients a totally seamless planning
service. Our house-builder and
developer clients in particular will
benefit from a full in-house team.
Navigating the planning process is
a major obstacle to developers –
our full service planning team will
now be able to work even more
closely with clients to minimise
some of the cost and delay which
the planning process can bring.”
Burnetts’ team of specialist
Commercial Property advisers is
now 13-strong and includes: two
Partners, two Senior Associate
Solicitors, three Associate Solicitors,
two Solicitors, a Practising
Consultant, a Planning Consultant,
a Legal Executive and a Paralegal.
The entire team is based in
Cumbria and is the largest in the
County, working exclusively in
commercial property.
Burnetts is still looking to expand
the team and is currently recruiting
two further solicitors.
“I’m excited to join one of the leading law firms in the North West”, said
Joshua, who trained in North Wales and qualified earlier this year.
“Working with the incredibly passionate and skilled team here at Aaron &
Partners will be a great experience.”
Fellow new starter Rachel Lillie joins the Wills, Trusts and Tax department
and as an experienced solicitor with specialist expertise in dispute
resolution and high net worth tax and estate planning, she will be a
valuable asset to the team. “I believe in resolving disputes without the
need for court proceedings,” she said. “However, where there is no
alternative I always vigorously represent my client’s interests.
In addition to growth, Aaron’s has also announced a flurry of promotions.
In the Chester office James Wallace has been promoted to Partner and
David Mann, Andrew Lees and Giles Williams have been promoted to
Senior Associate. Steph Brayshay, Adam Haines and Simon Mawdsley are
now Associates.
Senior Partner Simon Edwards said: “We have built a fantastic team here at
Aaron’s based on our ability to identify individuals who will provide the
highest calibre of advice and representation for our clients. Just as
importantly, we have retained the best talents thanks to our willingness to
reward those who work hard to deliver the high standards of expertise
Aaron & Partners is widely known for.Congratulations to everyone who
has earned promotion and welcome to Joshua and Rachel, two fine
additions to the Aaron’s team.”
Head of Property Richard Miller with Bruce
Armstrong Payne, Robbie Mather and Doug Claxton.
Please send your news for the
next edition to
j.baskerville@jbaskerville.co.uk
6 North West Legal News

Local News
Bromleys gains Law Society
plaudits
Tameside firm Bromleys is
celebrating a hat-trick of
endorsements from the Law
Society with its latest success
which acknowledges the work of
its conveyancing team.
Bromleys has been accredited
under the Conveyancing Quality
Scheme for the fifth consecutive
year.The scheme recognises firms
which pass a rigorous annual
assessment and provide excellent
service to clients during the
property buying process.
The accolade follows on the heels
of two others from the Law Society
in recent months.
Bromleys has again been awarded
the Lexcel quality mark, which
recognises its commitment to
excellence in areas such as client
care and practice management.
The firm has held the accreditation
continuously since 2005.
Meanwhile, partner Nicholas
Clough has again been
acknowledged under the Law
Society’s Family Law Accreditation
Scheme. This demonstrates he has
achieved a high level of
knowledge, skills, experience and
practice in family law. He has held
this honour for 10 years.
Mark Hirst
In addition, Bromleys has
strengthened its service to clients
by adopting new technology and
adding staff to its conveyancing
team.
It is currently on 24 lenders’
panels, with eight new
appointments over the past 12
months.
Senior partner Mark Hirst said: “We
are delighted to receive
recognition from the Law Society
across three key areas of the
practice.
Leading Family Law Firm
Expands in Chester
Slater and Gordon has expanded its family law team in Chester to
respond to a significant increase in clients in the area.
Lucy Williams, who is newly qualified, has spent the majority of her two
years training in Chester within the family department.
The growing team in Chester and Wales will be led up by the new head of
family, Roland Humphreys.
Roland, originally from North Wales, specialises in divorce, separation and
children law. He also brings more than a decade’s experience handling
finances on divorce as well as prenuptial and postnuptial agreements.
Roland Humphreys, family lawyer at Slater and Gordon, said: “We are
committed to nurturing talented lawyers like Lucy and investing in their
future with the firm. As were have seen a significant increase in our client
numbers, it is vital that the local community has access to our world class
legal services.”
“Amanda McAlister, head of family law at Slater and Gordon: “We are
delighted to welcome Lucy to the team, as part of our nationwide
recruitment drive.
“This expansion will allow us to strengthen our department of family law
experts in the region to combat the growing demand for family law
expertise in the region.”
The conveyancing quality mark
follows a period of strong growth
for Bromleys’ team. The surge in
instructions has been helped by
the emergence of Ashton-under-
Lyne as a property hotspot, with
demand fuelled by the completion
of the Metrolink line, town centre
improvements and the appeal of
new canal-side apartments.
“These accreditations are
independent recognition of the
significant lengths to which we go
to ensure our clients receive the
best possible service.
“They also sit alongside other
accreditations we already have, as
well as our Investors in People
Gold status.”
Lucy Williams
Roland Humphreys
New Appointment signals continued
growth for Farleys’ Inquests Team
The North West Legal News is the bi-monthly
publication of the Association of North
Western Law Societies.
ANWLS covers 26 local law societies across
the North West.
To submit your news for the next edition
please email
j.baskerville@jbaskerville.co.uk
Farleys Solicitors has boosted its specialist Inquests department with
the appointment of Litigation Executive Jillian Newton.
Jillian Newton joins from James Murray Solicitors in Liverpool where she
has developed an particular interest in Inquest work and actions against
the Police. Prior to this, she also worked as part of the Hillsborough Inquest
team at Broudie Jackson Canter.
The appointment comes as a response to an increase in demand for the
team’s expertise, as they continue to represent clients across the country on
high profile Inquest work.
The team are currently representing the family of Anthony Grainger who
was shot by an officer of Greater Manchester Police. Other high profile
cases presently being dealt with by the department include the Inquest
into the death of Poppi Worthington and the death of Mzee Mohammed
who died following restraint at Liverpool One Shopping Centre. It also
follows the recent promotion of Kelly Darlington within the department to
Associate Partner; and the firm’s announcement of a new Preston office in
its plan to drive further growth across the business.

Local law societies
National Local Law Societies Conference 2016
This year the national Local law societies conference was held at the
Aston Conference Centre in Birmingham and the delegation included
Joe Egan, Vice President of the Law Society and a Bolton solicitor.
Also attending were Nicola Steadman of Thomson Hayton Winkley
and Rebecca Ladell from Milne Moser in Kendal, who are the
Secretary and President of Westmorland Law Society.
Delegates were welcomed by John Hughes, the President of Birmingham
Law Society. John gave an overview of Birmingham Law Society, which
was founded in 1818 and was the largest local law society in the country.
However he said that all local law societies, large and small, faced similar
problems and issues and the aim of the Conference was to discuss these
issues and share ideas and information that could help them to thrive and
survive.
The first speaker of the day was Robert Bourns, President of the Law
Society, who had cut short his trip to the IBA Conference in Washington to
attend the Conference. Robert said that he had a number of themes for
the year and the first was to develop pride in the profession. He said that
solicitors should be proud of the work that they do, adding that the legal
profession was highly-regarded around the world and will continue to be
post-Brexit.
Robert then turned to local law societies. He said that he knew from
personal experience the work that local law societies did for the
profession locally and was “crucial in knitting the profession together.”
Moving on the wider issue of Access to Justice, he said that local law
societies could make a difference by working with the Law Society in
providing evidence of how changes have had an adverse impact on their
clients. He added “There is lots to be done and we want to lead the
debate. We will be in a much stronger position if we work together and I
look forward to working with you all.”
The Conference then moved on to a number of presentations, which
addressed the question of what members wanted from their local law
society. James Turner, the Deputy Vice President of Birmingham Law
Rebecca Ladell, President of Westmorland Law Society
with the President of Hampshire law Society
having their own netball team. Becky said “Get creative and be prepared
to change.”
President of Liverpool Law Society, Alison Lobb gave her presentation on
representation. She explained how in 2011 the Society had contacted
local MPs and councillors with the aim of holding regular meetings to
discuss issues which would affect their constituents. Alison said that this
had proved to be very successful, the meetings were generally well
attended and on a number of issues, the politicians had taken a lot of
interest. In particular the proposed court closures in the North West were
raised in the House of Commons and Liverpool Law Society was
mentioned in Hansard. Alison said that the Society had a number of Sub-
Committees which responded to consultations on a regular basis and also
encouraged members to contribute to the debate.
Tony Steiner, Executive Director of Devon and Somerset Law Society
spoke on the role of the local law society in providing education and
training for its members. He said that DASLS had been running CPD
events since 1992 and ran between 50 and 60 courses a year. Tony added
that although local law societies were best placed to provide training to
its members, it was important to provide interesting and topical courses,
that the venue had to be good and the courses had to be cost effective.
After lunch the Conference was divided into breakout rooms so that the
smaller sessions could generate further discussion and debate. James
Turner of Birmingham Law Society led a discussion on the role of
committees. As Chair of the BLS Criminal Law Committee, he said that
membership wasn’t restricted to members of the Society, but was multiagency.
He added “Sometimes we disagree on issues, but it is a very useful
forum for discussion, we get to see both sides of the argument.”
John Hughes, President of Birmingham Law Society
Society said that one of the key challenges for local law societies was
deciding who could be members, and how this would be priced. He said
that Birmingham Law Society had four categories of membership and in
2010 had allowed barristers to join the Society and in 2011, opened
membership to students. James said that it was necessary to continue to
grow and diversify and also to re-visit the structure and fees on a regular
basis.
Becky Moyce, the Senior Vice President of Bristol Law Society gave her
presentation on devising and planning social events for members, saying
that it was important to follow up events with surveys and use the
feedback to develop and change if necessary. Bristol Law Society had
recently run a successful netball tournament, which had led to them now
Fran Eccles-Bech of Manchester Law Society gave her presentation on
communications. She said that their monthly magazine and e-newsletters
were crucial in communicating and engaging with members. They also
ran a number of networking events, and the Manchester Professionals
Dinner Club was well attended by both solicitors and other professionals
in Manchester.
Concluding the breakout sessions, Dee Kundi, Marketing Director
Birmingham Law Society gave some practical advice on how to run
successful events. She said that preparation was key, and it was important
to consider what was the purpose of the event and who would attend.
Dee said events should be marketed well in advance and advertised on
Society’s website, magazines and through social media to ensure
maximum publicity.
The Conference was concluded by John Hughes, who said that he hoped
delegates had found the Conference to be useful and encouraged local
law societies to join the LinkedIn Group ‘national forum for local law
societies’, where the discussion could continue.
Julia Baskerville

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Interview
Interview with Robert Bourns
President of the Law Society
1. Why did you want to be become President of The Law Society ?
I hoped and hope to make a difference to the running of the Society
and the relationship between the executive team and Council,
Committee and Membership more widely. The Society is criticised by
many. As a proud profession, we require effective representation.
2. How are you going to persuade a quite reactive profession to be
more proactive and involved?
Keep it simple. The Profession has been segmented by reference to
practice type, size, clients, sectors. Emphasis on difference has created
demarcation lines between practitioners. As an office holder, speaking
with solicitors across England and Wales, I am impressed by the values
and principles that unite us all. Focus on shared values should
encourage all to participate, rather than assuming that changes are only
affecting a certain part of the profession at any given time.
I am also concerned that the Society has been seen to represent firms
and/ or a traditional form of practice. In fact we are a Society of 160,000
individual solicitors practicing in a variety of firms and, increasingly in
house. The Society has a role in providing "line of sight" to all members,
supporting them as they develop their careers in a changing
environment.
I believe members will engage with the Society, many already do,
providing it promotes a positive view of solicitors as highly qualified
and principled practitioners, and provides relevant support for
individual careers.
3. Going forward, how do you see Local Law Societies playing a
bigger part in the profession’s destiny?
As a past President of Bristol Law Society, when I very much enjoyed
working with colleagues from Liverpool (as well as Birmingham and
Manchester) I recognise the work local law societies in knitting together
legal communities. Again it is important to reflect those engaged with
the profession in any area and so it is important to involve
representatives from the in house community, JLD, universities and
advice centres. There are issues that are easily coordinated and
delivered locally, for example, pro bono, elements of legal education,
including public legal education. Local law societies also provide an
excellent "foil" for responses to consultations or to the development of
policy. As you know, they are independent from The Law Society. This
provides an opportunity to "tell it how it is", informing and empowering
their excellent Council Member.
4. What are your aims/ambitions for your year in office ?
I hope we can achieve progress with the review of the governance
structure at The Law Society.
I hope also we can embed the "line of sight", the role of the Society in
encouraging and supporting career ambitions for our members. For
example, we are asked to encourage members to apply for judicial
appointment. It is plain to me that few solicitors consider this a
potential option at the start of their career. Line of sight means opening
eyes to this as an option among others, at an early stage, so that
individuals can gather relevant experience along the way. Equally, with
third party funds coming in to many firms and increasing numbers of
solicitors working in house, I want solicitors to develop and be
recognised for their ability to develop and run practices and businesses.
We should be encouraging these ambitions.
I will continue to promote the Profession and its principles, that are
focussed on the protection of our clients' interests. I am disturbed by
10 North West Legal News

Interview
the powerful voices that wrongly describe solicitors as a costly
obstruction to the justice system in this country, often also suggesting
that LPP is about privilege for lawyers. I am also disturbed by moves to
penalise solicitors (and other advisers) for providing effective advice
(e.g. Tax schemes) or the recent expression of "much pleasure" at
government level at the closure of a law firm before any regulatory
proceedings have been concluded. A not very thin end of the wedge.
Our profession should be proud that it has established and
underwritten the vast majority of the infrastructure of the civil justice
system in this country. We have done so only because we have
demonstrated value to our clients. I am confident that we will continue
to do so.
Finally, I am will continue to advocate the hugely positive benefits of a
truly diverse society, respecting and capitalising on different social and
cultural experience, but supporting the shared values of this Profession,
acting with independence and integrity in the interests of our clients,
subject always to the rule of law. In a world where some emphasise
difference to create fear and worse, we have a real responsibility to
promote and demonstrate the strength that follows from a truly diverse,
but inclusive society.
5. What do you think the biggest challenges are going to be for the
profession?
Candidly, to ensure that the value of the solicitor qualification is not
compromised. We understand the regulatory objectives policed by the
LSB. There is a distinction between the regulation of a market and
professional standards.
6. What impact do you think Brexit will have on the profession and
do you think it will present opportunities or challenges for lawyers?
We will make a success of BREXIT. It will of course provide challenges
and opportunities. It is our role to ensure that the standing of this
jurisdiction is not compromised and that the value of the expertise
available from solicitors is recognised by all.
7. The UN have recently highlighted Access to Justice issues in the
UK, do you think that this will add weight to the Law Society's
campaign?
Yes. Many express confidence in the rule of law. It counts for little if
there is no real access. The Profession has done and is doing so much to
try and close the gap, but there is no substitute for a properly funded
system of legal aid. We are gathering evidence and engaging where we
can.
8. What advice would you give to an A Level Student considering a
career in our profession?
I am an optimist. I believe there will be good careers to be had, building
off a law degree. Subject to changes to training, I always caution
students to reappraise their interests and the state of the market before
moving to LPC. I also encourage them to look at the additional skills
required to run a successful law firm and look to ways to gather them.
9. Your best and your worst day as a Lawyer ?
Best? I've had many, but I suppose an acquittal in a serious drug supply
case, where we knew the prosecution evidence was based on lies, or an
employment case, acting for the transferee, where I had undertaken the
advocacy against two counsel and managed to hold the TUPE liability
for 200 staff on the transferor.
Worst? Driving to see a very taciturn client in order to report that during
pre sale due diligence, we had discovered potential negligence and that
he must take other advice. He did, but remained a client for 20 years,
because "it's the way you deal with the bad news that really builds trust".
10. When you are not Lawyering, or planning positive schemes for
The Law Society and the Profession, how do you relax ?
Family, garden, walking in the Lake District. I also ski extremely badly.
This article first appeared in Liverpool Law
North West Legal News 11

Pro Bono
The Funding Void and the
Currency of Pro Bono
The dictionary defines pro bono work as work ‘done or undertaken
for the public good without any payment or compensation’ – in other
words ‘free of charge’. Those three magical words are invariably
subjugated by natural cynicism – ‘there’s no such thing as a free
lunch’ and ‘you don’t get ‘owt for nowt’ spring to mind! Media driven
perceptions of the legal profession might engender similar
sentiments. Au contraire! The legal profession is not just a collection
of businesses, it is a public service collective which has justice at its
heart, and it is certainly no stranger to working for nothing.
The Access to Justice Foundation
Section 194 of the Legal Services Act 2007 (which came into effect on 1
October 2008) formally recognizes this. It subverts the indemnity principle
and articulates the power of a Court to make what is tantamount to an
order for inter partes costs – an order made against the opponent of a
litigant with no funding in place. The costs recovered are paid to the
Access to Justice Foundation, a charity which provides much needed
finance to law centres and other similar advisory services. The Foundation
does of course receive money from other sources, including unclaimed
client account balances from solicitors, Legal Support Trusts fundraising
events and other generous donations from a plethora of individuals,
associated legal institutions and enterprises, including the Law Society,
the Bar Council and numerous legal publications. (more information can
be obtained via http://www.atjf.org.uk/)
Section 194
The essential pre-requisites and features of Section 194 are summarized
thus:
- Made only by a ‘civil’ court (County/High/Court of Appeal (civil)/Supreme
Courts)
- Recipient has legal representation, all or part of which was free of charge
- Can be made even if Counsel not acting free of charge
- Cannot be made against a party who was also pro bono or legally aided
- Cannot exceed what would have been determined by a conventional
costs order
- Costs claimed must have been incurred after 1 October 2008
- VAT must not be claimed - Onus on winning litigant to apply for the
order and to quantify the costs
Positive Evidence
The Solicitors Journal report that since 2008, the scheme has resulted in
some 160 pro bono costs orders with a cumulative value of approximately
£600,000.00. Statistical evidence from Trustlaw – Index of Pro Bono 2015
(Thompson Reuters Foundation) reveals further positive evidence. A
sample size of 8,043 fee earners in England & Wales suggested an average
of 21.9 hours of pro bono work each annually; the percentage who
performed 10 hours or more amounted to 35.3%. Partner engagement
also showed a consistent and positive trend in line with previous years
with 37.8% recording time on pro bono matters; and the number of pro
bono hours performed by partners increased by almost 10% to 14.9 hours
(further detailed information can be found at
http://news.trust.org/spotlight/TrustLaw_Index_of_Pro_Bono/).
The recent attitude of government
We live in times of immense change and austerity, something that the last
Lord Chancellor (Michael Gove) claimed to be acutely aware of. In his
inaugural speech he said:
‘..the law is more than a marketplace, it is a community, the legal
profession is more than a commercial enterprise, it is a vocation for those
who believe in justice being done………many of the most prestigious
chambers at the Bar and many of the solicitors’ firms already contribute to
pro bono work and invest in improving access to the profession…..it is
clear to me that it is fairer to ask our most successful legal professionals to
contribute a little more rather than taking more in tax from someone on
the living wage.’
Laudable though it is for a senior politician to extol the virtues of the
legal profession, it is rather less commendable to engage in an almost
subliminal shifting of responsibility. In the words of Mr Andrew Caplen,
the then President of the Law Society in 2014:
‘Pro bono legal advice should never be seen as a substitute for a properly
funded legal aid system. It is right to publicise the tremendous work that
so many solicitors do free of charge’.
There speaks the voice of experience and reality, the incisive summation
of an experienced lawyer, as opposed to the politically manoeuvring
rhetoric of Mr Gove, a journalist by trade and a (then) Lord Chancellor by
design.
The recent attitude of the legal profession
Perhaps there is more potential for pro bono work (on a formal basis at
least) but it cannot be a panacea. Statistics suggest that much is being
done, and my own experience of clients and friends in the legal
profession suggest that they do so much more than the statistical data
reveals. Lawyers typically spend a great deal of unpaid time dealing with
their clients, providing practical advice, reassuring them, giving them a
proverbial ‘shoulder to cry on’ and just being there for them – instances of
pro bono work by every lawyer that go unrecorded. As committed
professionals their remit is to deliver justice and a high quality service; the
overall framework within which this is achieved however is quite clearly
the responsibility of government. Sadly an ever burgeoning part of our
society are being denied access to justice in the name of austerity. In the
words of Lord Falconer (shadow justice secretary):
‘[A]ccess to justice has been all but dismantled for the poorest in our
society…..The number of social welfare cases being granted funding has
plummeted, victims of domestic violence are struggling to get help,
employment fees are a significant barrier to workplace justice and the
essential safeguard that is judicial review has been severely restricted’.
The Law Society, Bar Council and the Chartered Institute of Legal
Executives have recently launched a working group to explore the
feasibility of a contingent legal aid fund; this follows on from a speech by
Sir Rupert Jackson earlier in the year. Conceptually this might involve the
creation of a pooled fund of resources which would be capitalized and
topped up by a contribution from damages in successful civil cases in
which the winning party is backed by that fund – a form of selfperpetuation.
An initial report is due by September and a final report
before the end of the year. Whatever conclusions are reached, it is to be
hoped that they are done so in a spirit of social realism and in a genuine
effort to facilitate greater access to justice.
Concluding thoughts
Ultimately there is a funding shortfall when it comes to access to justice.
The government (and lest it be thought that this is a party political attack,
governments of all hues for some years) appears to be abrogating its
responsibility to effectively ensure access to justice for all, one of the core
principles of any democracy worth the name. It is greatly to the credit of
so many lawyers that they are mitigating this effect, not because they are
obliged to, but because they put the public good before their own.
The legal profession are clearly playing their part and now it is time for
government to play theirs – and I can tell you that pro bono!
Michael Fitzpatrick
The John M Hayes Partnership
12 North West Legal News

News
Law Society library services
The Law Society library has one of the most comprehensive printed
collections of law material in England and Wales. It provides three
key services to members of the Law Society to support their legal
research needs, wherever they are located, whatever organisation
they work in, and irrespective of career stage.
This research service is free. The library also provides a same-day
document delivery service, and access to one of the largest library
collections of law material in the world.
1. Law Society library research service
The Law Society librarians deal with about 10,000 member enquiries each
year, covering a wide range of legal areas from point-in-time legislation,
precedents, case law, parliamentary material, locating articles, even
genealogy.
Enquiries come from members working in all types of legal organisations -
from sole practitioners to Top 100, in-house, and government. Also, from
many different locations across England and Wales and beyond. The
majority of enquiries received are either by email or telephone so it does
not matter where you are based you can use the service.
For the vast majority of research carried out by the Law Society library
there is no charge. Charges only apply if research takes longer than 30
minutes and you will be notified well in advance if that is likely to happen.
So, if you need some research help please contact the library service on
020 7320 5946 or library@lawsociety.org.uk
Telephone and emails enquiry lines are open 09.00am - 17.00pm, Monday
to Friday.
2. Collection service
The printed collection comprises of 55,000 titles. It is a reference only
collection made up of:
• Precedents - including EF&P, Atkins and textbooks i.e.
Tristram and Coote
• Law Reports - a range of law reports for England and
Wales, collections covering other British jurisdictions and a
small collection of Commonwealth law reports
• Legislation - public general acts, local and private acts,
plus access to both original and amended legislation
• Journals - a large collection of journal indexes and legal
journals
• Parliamentary - House of Commons papers from 1801
and Hansard debates from 1804
• Commentary - an extensive collection of up-to-date
practitioner textbooks and looseleafs to find commentary
relevant to your query
The library also has 11 public access pc's with access to Lexis, Westlaw, PSL
and Justis.
3. Lawdocs service
Lawdocs is the library's heavily used document delivery service, dealing
with around 100 requests for copies of legal information each month.
Documents can be scanned and emailed straight to your inbox.
Alternatively, they can be posted, sent by DX delivery, faxed or collected.
The service is often used when documents are required for current judicial
proceedings. Delivery time is normally within 3 hours but can be carried
out in 45 minutes if the request is urgent.
Email contact details are: lawdocs@lawsociety.org.uk and the service is
open 9.00am - 5.00pm, Monday-Friday.
As the library is fully compliant with the Copyright Licensing Agency (CLA)
agreement requirements there is a copyright fee for using the service
which is passed on to the CLA.
Why legal firms should tackle the skills
shortages head on
Those of you who have read
our previous articles will be
aware that we launched our
first legal salary survey earlier
this summer and found some
highly interesting results. Not
only did we reveal that the
majority of legal firms feel that
the skilled talent pool has
shrunk over the past year, we
also uncovered some
interesting insights into the
factors that contribute to the
growing skills shortages
within the UK legal sector.
Anyone operating within the
profession or who reads the
press is likely to be aware that
there are significant, and
growing, skills shortages
impacting the legal field.
Previously, it was assumed that
these were solely down to fewer
numbers of talented graduates
choosing to move into law,
however that perspective makes
little sense, it’s hardly likely that
the quality of graduate talent
will fall off a cliff seemingly
overnight.
Others have suggested that the
shortages are down to the very
nature of the legal profession
which has pushed more ethically
and liberally minded graduates
into other alternative sectors, like
technology. However this too
doesn’t add up. Technology also
suffers from a huge dearth of
talent, possibly more so than law,
and suggesting that droves of
previously legally focused
graduates and students simply
upped sticks to work in another
sector because of a perceived
discord between their ambitions
and what the profession offers is
naïve at best.
However, our salary survey may
have found the answer, or at least
one of them. According to the
study, legal firms across the UK are
displaying rock bottom levels of
staff attrition. Only 13% of firms
reported that they were losing
more staff when compared to this
time last year which highlights the
nervous and tentative nature of
the profession itself.
The problem is self-perpetuating.
While firms notice the shortages of
talent in the market, they become
more reluctant to release
professionals that they perhaps
previously would have done. This in
turn worsens the shortages, as
there are fewer individuals
available to fill vacancies at firms
they may have been suited to in
terms of culture or operating styles.
Obviously, external factors have
also contributed to the issue, not
least the UK’s decision to leave the
single market, but the fact that so
many firms are showing a
reluctance to let go of talent is
certainly worsening the shortages.
The problem can be most sharply
displayed in the regions
surrounding major cities like
London, Birmingham and
Manchester. Practices in areas like
the Home Counties, which
generally show the highest
attrition rates as professionals are
lured in by major city-based firms,
have reported startlingly low
turnover rates, which are
emblematic of the growing issue.
These firms can be seen as
something of a canary in a
coalmine and if few of them are
willing to release staff, then
firms across the country are
likely to be in a similar position.
While the shortages could be
solved with additional external
stimuli like a greater focus on
promoting paralegal positions
and more effort being put into
diversifying the profession,
greater confidence by legal
firms to resume their normal
hiring activity would also help.
Practices should be less afraid of
the shortages and instead look
to tackle them head on. As a
specialist legal hiring firm we
can tell you, if you’re looking for
talent we can find it, you just
need to show a bit more
confidence.
Lynn Sedgwick
Managing Director
Clayton Legal

Regulation
Regulation Update
The latest regulation news by
Michelle Garlick of Weightmans LLP
Did you know that the first Friday of October is World Smile Day?! Now
for those regular readers with good memories, you might remember that
I mentioned in the May edition that May was National Smile Day. So this
time, its gone global so we need to have an even bigger smile on our
faces on the first Friday of October. Put it in your diary, forget about
Brexit and smile!! Here’s a round up of what’s been happening in legal
services regulation over the last month or so and I’ll let you decide for
yourself whether you feel like smiling!:
Looking to the Future
The consultation period has now closed and I sincerely hope that many of you
were able to provide responses before the deadline passed. Both Manchester
and Liverpool Law Societies did so and many thanks go to all those who
contributed to the debate.
You may have read the Law Society’s robust formal response in which it
described the SRA proposals as “poorly evidenced and misconceived”. Robert
Bourns, Law Society President says “The SRA has failed to make a convincing
case when it comes to any benefits from its proposals. There simply isn’t
convincing evidence that allowing solicitors to deal with the public from
unregulated companies will either drive up choice or drive down cost.” The
Society argues that allowing solicitors to work for unregulated firms would
have implications for client protection, legal professional privilege and
professional supervision. It will be very interesting to see what the SRA
decides to do faced with such strong opposition from the Law Society on this.
Will it be prepared to do a U-turn or as the song goes, “Carry on regardless”?
Watch this space.
Legal Services Board regulatory vison
The LSB has published its vision for a future regulatory framework for legal
services in England and Wales.
Sir Michael Pitt, LSB Chairman says the LSB believes that “a single regulator,
covering the whole legal services sector and accountable to Parliament, would
be best placed to deliver improvement, deregulate, save cost and act
strategically.”
The proposals switch the focus of regulation to the type of legal service being
offered, rather than the lawyer doing it, with services perceived as high-risk
subject to greater regulation and a lighter touch applied to low-risk activities.
Paul Philip, SRA Chief Executive said “We are clear that making regulators
independent – and accountable to parliament - will help build public trust and
should also help speed up necessary reforms to make the sector more
competitive.” He did however warn that there should be pause for thought
when considering fundamental constitutional changes, such as regulating by
activity or moving to one single regulator. Similarly, Law Society president
Robert Bourns described the proposals as “an interesting contribution to a
future vision for legal services regulation” but added that “we simply don't
think that it is in the public interest to embark on such changes at this time.”I
attended a Westminster Legal Policy Forum on the day that the LSB released
its report. The great and the good were all there – Sir Michael Pitt, Paul Philip,
Robert Bourns (who in my view gave the most passionate and impressive
speech).
The conclusion reached by the Chair of the conference, Lord Falconer, was that
he wondered “if this was the moment to focus on unmet need rather than
changes to the regulatory system” because there was no clear evidence of
“huge regulatory failure”. That view is certainly the view expressed by those I
spoke to when preparing the response to the Looking to the Future
consultation so it looks like the LSB might have its work cut out if it wants to
achieve its vision.
“Failure to prevent” offence
Jeremy Wright, Attorney General, has indicated that the government is set to
consult on plans to extend the scope of the criminal offence of a corporation
‘failing to prevent’ offending beyond bribery to include other economic
crimes, such as money laundering, false accounting and fraud, saying it wants
to ensure senior management takes responsibility for any financial
wrongdoing which is uncovered.
Speaking at a symposium on economic crime, he said “When considering the
question "Where does the buck stop?" and who is responsible for economic
crime, it is clear the answer is to be found at every level, from the boardroom
down.”
The proposed offence is likely to make UK companies liable for the acts of
their associated persons and the risks, consequences and related compliance
burden are therefore potentially very significant.
It has been reported that the government will be announcing a draft bill in
due course so watch this space!
Enterprise Insurance
In last month’s column, I noted that around 50 firms insured by Enterprise now
had the unenviable task of finding an alternative insurer after it went into
liquidation.
The deadline has now passed and more than 10 firms covered by the
collapsed insurer face closure by the SRA after failing to secure new indemnity
policies.
The SRA said that it has “put on notice’” those firms that have not yet secured
fresh cover and will “continue to take a constructive approach with those who
don’t have a new policy, but are being absolutely clear about their
responsibilities and the need to move quickly.”
If you are affected by this in any way, I would again direct you to the guidance
issued by the Law Society and SRA on their respective websites
Reports from the SDT
Continuing the economic theme, a solicitor who oversaw “financial chaos” in
his practice has been suspended, with a tribunal imposing conditions on his
return to the profession in the future to ensure he does not hold a
management position. William Snowdon, a sole practitioner at Commercial
Legal Solutions in Cardiff was found guilty of six breaches of the accounts
rules.
The SDT found that “there was no proper accounting system and no proper
internal controls. There was no effective financial management of the firm.”
The chaos persisted over a period of time despite the involvement of an SRA
official and the fact that the respondent was given a number of opportunities
to put things right. In mitigation, Mr Snowdon admitted that he was “still at
somewhat of a loss to answer” why things had gone wrong and that he was
not in the most robust mental health, was suffering from extreme stress and
was also facing bankruptcy proceedings. Nevertheless, the tribunal concluded
that Mr Snowdon was culpable for his misconduct and “..appeared to have lost
control.” This case illustrates the importance of having robust accounting
processes and controls to ensure financial compliance. Have you reviewed
yours recently?
And finally
The SRA has been busy in the north west recently, visiting a number of firms
carrying out its thematic risk project on PI law firms. My Compli team has been
busy preparing law firm clients for the visit, advising on what to expect from
the process and it will be interesting to see what their findings reveal. If the
SRA follows the same process as it did for the AML thematic risk project, then
we should expect a report from the SRA identifying good (and bad) practice in
areas such as referral arrangements, fraudulent claims, key date
procedures/missed time limits, claims/complaints handling, Medco – all the
issues which it had flagged up in the warning notice it issued in March. If you
aren’t aware of the warning notice or you receive a letter from the SRA saying
they are coming round for tea and biscuits (no they don’t say that but if they
are coming, I highly recommend getting some top quality biscuits in!), then
give me/my Compli team a call and we will happily support you through it.
Michelle Garlick
Weightmans LLP

‘We promote a friendly and
professional approach’
Defendant Costs Lawyer
Liverpool
Award winning national Defendant practice seek an
experienced Defendant Law Costs Draftsman. The successful
candidate will prepare Bills of Costs alongside Costs Budgets
and points of dispute, therefore individuals wanting to apply will
carry a sound knowledge and understanding of the full costs
process.
Contact Jamie at jm@clayton-legal.co.uk
Proclaim Developer
North West
Responsible for enhancing productivity through the further
development and support of the firms Proclaim Case
Management workflow software. The Proclaim Case
Management Developer will work closely with the main
stakeholders in the business to identify their requirements and
translate into workflows. Salary £40-45k per annum.
Contact Craig at ch@clayton-legal.co.uk
Holiday Sickness Fee Earner
Manchester
An expanding and highly reputable Law firm based in
Manchester is looking for a Fee Earner to continue with
growing their Holiday Sickness team. You will have previously
handled your own caseload of Litigated or Pre litigated Holiday
Claims independently.
Please contact Naomi at nm@clayton-legal.co.uk
MOJ Fee Earner
Merseyside
Specialists Personal Injury Practice in Merseyside are looking
to recruit an experienced MOJ Fee Earner. All applicants must
have at least 12 month experience of dealing matters, through
Stages 1-3 of the MOJ Portal. It is essential that candidates are
confident in handling their own caseload.
Contact Rebecca at ro@clayton-legal.co.uk
RTA Fee Earner
Manchester
An established Law firm based in Manchester is looking for a
highly ambitious fee earner to join their Personal Injury team.
They are looking for a candidate who is fully competent
handling a caseload of RTA files through the MOJ Portal stages
1 – 3.
Please contact Naomi at nm@clayton-legal.co.uk
Defendant Costs Lawyer
Manchester
Award winning national Defendant firm seek an experienced
Defendant Costs Draftsman. The successful candidate will
prepare Bills of Costs alongside Costs Budgets, therefore
individuals wanting to apply will carry a sound knowledge and
understanding of both. In return for your experience the firm
offer genuine progression.
Contact Jamie at jm@clayton-legal.co.uk
IT Support Analyst
North West
Working technical knowledge of MS Office/Working technical
knowledge of Active Directory and MS Exchange, in addition a
strong knowledge of networking is required ( DHCP/
VLANS/VOIP. Experience of System Security (back up and
firewalls) would be highly beneficial. Salary £28-36k per
annum.
Contact Craig at ch@clayton-legal.co.uk
Construction Solicitor
Manchester
Legal 500 firm based in Manchester, looking to recruit an
experienced Construction Solicitor, dealing with high value and
complex construction disputes from inception to conclusion. 2-
6 years PQE and strong academic background, experience of
NEC3, FIDIC and EPC contracts preferable.
Contact Simon at ss@clayton-legal.co.uk
Holiday Sickness Paralegal
Ellesmere Port
Highly regarded Law firm are currently looking for a Paralegal
to assist a Solicitor with their Holiday Sickness caseload.
Candidates with experience of dealing with Holiday Sickness
claims is desirable, however candidates with strong RTA/EL/PL
experience will be considered.
Contact Rebecca at ro@clayton-legal.co.uk
RTA Litigation Fee Earner
Manchester
A legal 500 Law firm based in Manchester are looking for an
additional Litigation Fee Earner/Solicitor, handling RTA, EL, PL
and OL cases. Ideally 1-3 years experience and must be able
to run their own litigated caseload. Great benefits and
progression. Salary £24,000-£30,000 per annum.
Contact Lauren at lc@clayton-legal.co.uk
Clayton Legal
Recruiting talent, building the future
01772 259121
enquiries@clayton-legal.co.uk
www.clayton-legal.co.uk
@clayton_legal
/ClaytonLegal
/ClaytonLegal

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