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TLS Gazette gets a new look

TLS Gazette: May 1996 seems a very long time ago. Tony Blair, for whom "things could only get better", was still a year away from capturing Downing Street. England was preparing to host the last European football championships but three.

That month was also significant for another reason. The issue of 9 May was the last time that the print edition of the Gazette unveiled a major redesign, though the overhaul was less far-reaching than the one landing on desks today.

Good design is no mere frippery – it cannot be an optional extra. Solicitors are busy people. Even the best-read publications are at most partially read, which is why we have to look the part as well as speak the part. Our old format was undoubtedly showing its age.

It is vital that this flagship publication is seen as contemporary, in touch and appealing to a wide audience in the rapidly evolving legal services market. This is doubly important online, where so many of our current and future readers will find the information they need.

In print, the new Law Society Gazette's slightly wider format incorporates creative and open layouts, with greater emphasis on the incisive use of typography, pull-outs and box copy, together with increased use of imagery. All are designed to engage and stimulate the reader. And we are now printed on 100 per cent recycled paper.

Online the Law Society Gazette is as radically changed, with all sections of the magazine represented. Most importantly, each area of Gazette coverage is now easily accessible – we have flattened the site's structure to make things easier to find, and the home page has everything we do right at the top of the page.

Changes to content you will notice in coming weeks include enhanced coverage of the City and a new In Business section, created to help practitioners run their firms better. And there will be many more.

We value your feedback – tell us what you think at gazette-editorial@lawsociety.org.uk.

Details

(Posted: 07-06-2008)

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Improvement in performance saves Society from further fine

The Legal Services Complaints Commissioner, Zahida Manzoor, CBE, announced her decision that the Law Society's complaints handling arms – the Legal Complaints Service (LCS) and the Solicitors Regulation Authority (SRA) – have not handled complaints in accordance with their Improvement Plan for the period 1 April 2007 to 31 March 2008. However, the Commissioner decided that she will not impose a financial penalty on the Law Society.

The Commissioner set the Law Society 13 targets relating to timeliness, quality and use of resources. The Law Society met six of these targets, exceeded two and missed five.

Speaking of her decision, the Commissioner said: "Whilst I would have liked to have announced that the LCS and SRA have met all the targets I set, I acknowledge that improvements have been made in most areas.

"I am particularly pleased that jointly LCS and SRA met their overall target to close 67 per cent of cases within three months (the LCS achieved 63 per cent and the SRA 77 per cent). Since I was appointed in 2004 and began setting targets, the number of older cases has reduced substantially, and complaints are being handled more quickly. This is good news for the consumer, and this upward trend needs to be sustained and improved upon."

The Commissioner sounded a warning that the lack of a fine should not be seen as a commendation: "My decision not to levy a penalty on the Law Society is not a cause for celebration, as the LCS and SRA have both missed a number of targets, and further effort is needed, especially on those targets measuring their adherence to quality processes."

This year has shown a clear divergence in performance between the LCS and SRA with the LCS performance levels meeting only three of its seven quality targets set, and the SRA performance being at targeted levels for five of its six quality targets.

Commenting on this the Commissioner stated: "The LCS still has a long way to go in terms of value for money, cost efficiency and quality. I have set individual targets for 2008/09 for the LCS and SRA. This means the LCS will have to be more effective in meeting the targets I have set as any targets exceeded by the SRA in future will be considered separately."

Regarding her decision not to impose a financial penalty, the Commissioner added: "When I announced my decision in November 2007 not to impose a penalty on the Law Society for LCS and SRA's failure to handle complaints in accordance with their Improvement Plan for 2006/07, I said I would be unlikely to extend the same latitude again.

"However, where there are failures against the targets for 2007/08, I have set these against the improvements that have been made. For example, the Law Society achieved 84.4 per cent against a target of 85 per cent, to ensure it applies its own procedures and policy relating to making special payments to consumers as compensation where there are failings in its own service. This is a welcomed improvement compared to 48.4 per cent in 2006/07."

The Commissioner spoke of her earlier decision in relation to the 2008/09 Plan: "I had hoped that the LCS and SRA would want to build on the improvements in performance for 2007/08 by submitting an appropriate Improvement Plan (including the targets I set) for 2008/09. However, I recently announced my decision to impose a £275,000 penalty on the Law Society for its inadequate 2008/09 Plan. It failed to demonstrate a commitment to achieve many of the targets at the level I set, and this would have prevented sufficient progress being made towards achieving effective and efficient complaints handling. Having an adequate Plan in place is in the best interests of consumers and the legal profession."

The Commissioner concluded: "The LCS needs to commit to further improvements that will safeguard the consumer and profession as it moves towards closure in the next two years and hands over complaints to the new Office for Legal Complaints, scheduled to be established in 2010."

Details

(Posted: 23-06-2008)

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Law Society library wins excellence prize

The Law Society library has been awarded the 2008 Halsbury's Award for Best Legal Information Service (Non-Commercial Sector). The prize, in association with LexisNexis, was presented to library staff at the annual conference of the British and Irish Association of Law Librarians in Dublin.

Find out about the Law Society's library services at: www.lawsociety.org.uk/library

Read more about the awards

(Posted: 20-06-2008)

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JLD Pro Bono Awards 2008: nominations open

The Law Society’s Junior Lawyers Division has opened nominations for the 10th annual Pro Bono Awards.

Previously known as the Young Solicitors Group Awards, the JLD Pro Bono Awards are open to the following:

• LPC students;
• Trainee solicitors; and
• Solicitors up to five years qualified.

• Solicitor – local projects (projects undertaken by a solicitor assisting individuals or groups based in the UK);
• Solicitor – international projects (projects undertaken by a solicitor assisting individuals or groups outside the UK);
• Solicitor – team (projects undertaken by a group of solicitors assisting individuals or groups whether based in the UK or abroad);
• Trainee (projects undertaken by an individual trainee or group of trainees, whether the project is based in the UK or abroad); and
• Student (projects undertaken by an individual student or group of students, whether the project is based in the UK or abroad).

(Posted: 20-06-2008)

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Law Society supporting solicitors in more ways than ever

Your Law Society was published this week. This publication looks back on the successes of the past year, during which the Law Society has been able to support solicitors more effectively than ever, running high impact campaigns and introducing innovative new services. It also sets out the Law Society's goals for the next three years to build on these achievements.

Details

(Posted: 20-06-2008)

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Law Society Excellence Awards 2008 – nominations open

This year's Law Society Excellence Awards are now open for nominations with new categories including client service, marketing and business development and exporting legal services. Last year's awards established the event as a prestigious date in the legal calendar, recognising and rewarding the most outstanding practitioners in the legal professions. Winning an award is a huge achievement and brings great recognition for individuals and firms. The awards are open to individuals and teams across the entire legal sector, not just solicitors. The closing date for entries is Friday, 12 September.

Details

(Posted: 20-06-2008)

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Millions take a risk with out-of-date wills

Latest research by the Law Society has revealed that 84 per cent of 25–34 year olds do not have an up-to-date will.

Research conducted by GfK on behalf of the Law Society shows that thousands of people risk leaving loved ones with nothing after their death because they do not know the contents of their own will, warned the Law Society.

Changing circumstances are not always reflected in a person’s will, meaning that parts of the deceased’s estate will not be passed onto family and friends, said the Law Society.

Andrew Holroyd said: “Many people in that age bracket are likely to have bought a home in the last few years. That is a large asset that should be accounted for in the will; the research, however, would suggest this is not being done.”

The research also revealed that 22 per cent of respondents over 65 did not know if they had an up-to-date will, while worryingly 42 per cent of those widowed, divorced or separated did not know if they had an in-date will. [*Regional breakdowns below*]

The Law Society points out that a number of circumstances could require a change being made to an existing will, including the following:

• divorce or separation;
• selling of an asset, such as property;
• purchasing a large asset, such as a second home;
• having children;
• debt; or
• starting a business.

• 64 per cent answered No in the NORTH
• 50 per cent answered No in the NORTH WEST
• 59 per cent answered No in YORKSHIRE AND HUMBERSIDE
• 68 per cent answered No in the EAST MIDLANDS
• 63 per cent answered No in WALES
• 48 per cent answered No in ANGLIA
• 58 per cent answered No in the WEST MIDLANDS
• 44 per cent answered No in the SOUTH WEST
• 69 per cent answered No in LONDON
• 51 per cent answered No in the SOUTH EAST

(Posted: 18-06-2008)

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The Solicitor's Handbook 2008: order your copy

This authoritative new handbook draws together all of the most important rules and regulations that affect solicitors. Written from the practitioner's perspective, it provides expert commentary on the practical reality of the regulatory and disciplinary environment in which solicitors operate.

Find out more and order your copy

(Posted: 07-06-2008)

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New Public Guardian appointed

Martin John has been appointed the new Public Guardian and Chief Executive of the Office of the Public Guardian, Justice Minister Bridget Prentice announced.

Martin John will succeed Richard Brook. Mr John has extensive experience of leading the Asylum and Immigration Tribunal and more recently in Business Development for the new Tribunals Service. Although Mr John does not formally take up post until Mr Brook leaves on 10 July 2008, he is working alongside Mr Brook, the current postholder, with immediate effect.

Justice Minister Prentice said: "Richard Brook made an enormous contribution to implementing the Mental Capacity Act and in setting up the Office of the Public Guardian.

"I am pleased that Martin will now be leading the organisation and continuing with the work to deal with the significant workload at the Office of the Public Guardian."

Mr John said: "I am delighted to be appointed as Public Guardian and Chief Executive of the Office of the Public Guardian. Over the coming weeks my priority is to work with staff and stakeholders to ensure customers receive the right services at the right time.

"The Office faces some key challenges in dealing with the processing of lasting powers of attorney and extra resources have been brought in to tackle the delays and we are already seeing improvements.

"Over the longer term, I will be reviewing how well the Office and the Mental Capacity Act are working overall and we will be engaging closely with customers and stakeholders on this."

Details

(Posted: 13-06-2008)

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Society slams unnecessary rise in court fees

The Law Society has voiced strong concerns about the increases in care proceedings fees paid by local authorities since May 2008. Setting court fees purely on the basis of cost may leave vulnerable children, particularly in cases of neglect, at greater risk of harm. Local authorities intervene in family life to protect children on behalf of the state. The Crown Prosecution Service does not pay in this way to bring prosecutions.

The Law Society is fundamentally opposed to the government's policy of full cost pricing to meet the costs of the civil and family courts, which provide a benefit for all society. There is currently over recovery in relation to the civil courts, and this should be fed back into the system. There is also a strong case for public funding to support the work of the family courts in cases concerning the protection and welfare of children.

The Law Society will continue to monitor and politically lobby on this issue.

Background

The Law Society published a press release on 28 February 2008 warning that the government's plans to increase court fees could price vulnerable children out of court.

Read the press release

Details

(Posted: 05-06-2008)

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Law Society and LCS respond to LSCC fine

The Law Society and the Legal Complaints Service (LCS) have reacted to news that Legal Services Complaints Commissioner Zahida Manzoor is to levy a fine of £275,000 in relation to its complaints handling plan for 2008/09.

Law Society chief executive Des Hudson said: "We disagree with the commissioner's decision.
"The fact is that the Legal Complaints Service [LCS] has delivered a year-on-year improvement in terms of quality and speed with which it handles complaints.

"The performance of LCS compares favourably to other similar organisations, and on any reasonable measure, LCS must now be regarded as an effective complaints handling body."

Professor Shamit Saggar, chair of the Board of the LCS, said the decision was "completely unjustified" and distorted the true picture of the effectiveness of the organisation.

Professor Saggar said: "By any reasonable measure, this is a disproportionate action by the Legal Services Complaints commissioner that brings no benefit to either the legal profession or consumers of legal services. You do not fine a successful organisation, let alone one that, in fact, leads the way in consumer redress.

"We recently published results that clearly showed we were performing at levels only attainable by the very best consumer redress organisations. The plan that has attracted today’s financial sanction built on those already impressive performance levels and would have delivered further improvements in our service.

"These improvements have been recognised by leading consumer champions such as the National Consumer Council and Which?."

Deborah Evans, chief executive of the LCS, said: "It is important when developing a complaints handling plan that we do not make false promises. We didn't – we set stretching targets but not ones that it would be impossible to achieve."

Details

(Posted: 05-06-2008)

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Pastoral Care Helpline launched

The Law Society launched a new Pastoral Care Helpline. This is in response to members' feedback, which shows that the Law Society's helpline services are highly valued. The new service will help members with personal, financial, professional or employment problems and refer them to the most suitable helpline for their circumstances. The number is 020 7320 5795, and lines are open from 9am to 5pm, Monday through Friday.

Details of all the Law Society's helplines can be found at: www.lawsociety.org.uk/helplines.

(Posted: 05-06-2008)

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Law Society launches new client care practice note

The Law Society issued the second practice note in its client care range, focusing on getting the most out of initial interviews with prospective clients. Initial interviews with prospective clients provide a good opportunity to understand what services your client wants and to agree the terms and conditions for providing your services with them.

Read the full practice note

This practice note outlines how effective communication of key information to the potential client will reduce the chances of disputes arising later in the retainer.

Practice notes are issued by the Law Society as a professional body for the use and benefit of its members. They represent the view of the Society on what a standard of good practice in a particular area is. Solicitors are not required to follow them, nor are they intended to represent the only standard of good practice which solicitors can follow. Practice notes are not legal advice.

Details

(Posted: 15-05-2008)

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Law Society issues mortage fraud practice note

The Society has published a practice note to help you identify if mortgage fraud may be taking place. It contains up-to-date criminal methodologies and explains how you can protect yourself and your firm.
Read the practice note

Solicitors play a crucial and most trusted role in the transfer of property in the UK. Criminals will try to exploit the professional services offered by solicitors to enable them to engage in mortgage fraud.

Even where a solicitor is unaware of the fraudulent activities of their client, they may find themselves criminally liable because of the wide definition of fraud in the Fraud Act 2006 and the extensive offences under anti-money laundering regulations.

The Law Society is committed to assisting solicitors in protecting themselves and their firms from being exploited.

Details

(Posted: 11-04-2008)

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Law Society launches complaints management practice note

The Law Society is boosting excellence in client care and complaints management by issuing a new practice note.

The practice note outlines good practice in client care to help solicitors increase client satisfaction, promote their practice in the competitive legal services market, lower their insurance premiums, demonstrate their professionalism and enhance the reputation of the profession.

The initiative is aimed at supporting solicitors to deliver a more client focused service and highlights the Law Society’s commitment to help solicitors achieve good practice in complaints handling.

The move coincides with a decision by the Legal Complaints Service (LCS) to consult on whether they should start publishing the complaints records of solicitors who are found to have provided inadequate professional service. They say they are doing this to support solicitors to improve their client care.

Des Hudson, Law Society chief executive, says: "The Law Society has a different view of how one actually supports a solicitor to improve their performance. We do not name and shame them. We give them real tools, which demonstrate good practice and provide them with training.

"Not only has the LCS not provided any evidence to demonstrate that it is effective within a professional context, the move will apply to only a small number of firms so will not really assist clients in picking between most firms."

These initiatives build upon the existing Law Society services provided to solicitors to pursue excellence in client care including, Lexcel practice management standard, Law Management Section services, and the Law Society Excellence Awards.

Read the complaints management practice note

Read more about what the Law Society is doing to support solicitors with client care by visiting www.lawsociety.org.uk/clientcare.

The Law Society has set up a series of spring training sessions on client care and complaint management, which are already fully booked. Further seminars on a wide range of client care issues are being developed to start in May and proceed through the autumn.

Details

(Posted: 11-04-2008)

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Estate administration banking protocol agreed with HSBC

The Law Society has issued a new joint protocol with HSBC and the Society of Trust and Estate Practitioners (STEP) setting out the procedures agreed with HSBC to speed up the estate administration process. This is the second in a series of agreements with the major banks aimed at helping the profession negotiate the different administrative procedures of each bank to wind up an estate.

Read the protocol

Details

(Posted: 04-04-2008)

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Publication of the Finance Bill

In his Budget statement, the Chancellor set out measures to deliver the government's objectives of building a strong economy and a fair society, where there is opportunity and security for all. Finance Bill 2008, which enacts many of the Budget measures, is published 27 March.

The Financial Secretary to the Treasury, Jane Kennedy, said: "Today's Finance Bill furthers the progress this government has made in building a stable, competitive economy that supports a high level of enterprise and growth. Measures in this Bill will contribute to a more sustainable future, and continue to support our goals of fairness and opportunity for all."

The Lobby notes, also published 27 March, briefly describe the clauses and Schedules in the Bill and can be found on the HM Treasury website. More detailed Explanatory Notes on clauses are available from Stationery Office bookshops and also on the HM Treasury and HM Revenue & Customs websites.

Further details on the Bill will be published on the HM Treasury and HM Revenue & Customs websites as the Bill progresses through Parliament.

Read the full Finance Bill 2008
Further information from HM Treasury website

(Posted: 27-03-2008)

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Law Society launches free online library service

The Law Society has launched a free online legal information source for solicitors and their employees. Law Society Library Online is the result of a collaborative venture between the Law Society and LexisNexis. It brings you fast, easy access to the library catalogue and value added legal information sources, plus selected free LexisNexis content.

Details

(Posted: 21-02-2008)

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Enduring Powers of Attorney: advice to practitioners

The Office of the Public Guardian clarified that a power of attorney executed by the attorney on or after 1 October 2007 cannot be registered as an enduring power of attorney (EPA), and the only exception to this would be in the case of joint and several attorneys when one or more attorney has signed before 1 October 2007 and the other(s) after that date – this will be treated as a valid EPA, but only in favour of the attorney(s) who executed it before 1 October. Therefore, solicitors with EPAs that have not been executed by the attorney(s) before 1 October 2007 should consider urgently whether they need to take any further action.

Read our practice note for more information

(Posted: 17-01-2008)

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Law Society releases file retention practice note

The Law Society has published a practice note to help solicitors with records management, including retention of wills, deeds, documents and supporting data.
The aims of this exercise are

• to remind the profession of the possible circumstances in which a challenge to the practice of the firm is more likely to succeed if protective measures are not put in place; and
• to encourage the profession to offer and maintain a high level of service to clients by adopting some of the practice management suggestions set out in the practice note.

(Posted: 14-09-2007)

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Why consider a career as a private client solicitor?

The Law Society Probate Section has produced a flyer about why trainees and newly qualified solicitors should consider a career specialising in private client work.

The Section has also produced an online directory of more than 130 Probate Section member firms currently wanting to recruit people for their private client departments.

Users can search by firm name or region and find out whether the firm offers placements/work experience (paid or unpaid) or would offer a training contract with a private client seat. Details for each firm’s primary recruitment contact are also listed, along with website addresses for further research.

In addition, the Section is offering trainees and newly qualified solicitors (from 2006-7) membership until January 2009 for the discounted rate of only £25 + VAT, saving more than £100.

For further details or to request free hard copies of the flyer, email probatesection@lawsociety.org.uk or telephone 020 7316 5678. Electronic copies of the flyer and directory can be downloaded below.

Click here to download associated documents

(Posted: 18-10-2007)

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Law Society issues new client care publication

The Law Society has released an updated version of Your clients – your business, an information booklet designed to encourage solicitors to consider how they can improve their relationships with clients.

The publication draws on experiences of those with direct involvement with solicitors and their clients. It refers to regulatory requirements and best practice in an easy-to-use format that highlights some of the problem areas that can arise.

It looks at four main areas of client management from when a solicitor first meets a client, through to matters that solicitors should consider for their client care letter and terms and conditions and, finally, how to deal effectively with complaints. 
 
It is available via the Law Society website and will also be distributed to firms visited by members of the Practice Standards Unit and at Law Management Section events. To request a hard copy, contact Practice Advice (email practiceadvice@lawsociety.org.uk).

Download a copy

(Posted: 04-10-2007)

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Non-contentious costs booklet: free download

The Practice Advice Service has updated the Non-Contentious Costs booklet. The booklet provides basic information about non-contentious costs and also covers charging in non-contentious work including probate and property, contingency fees, remuneration certificates and recovering your costs. The booklet is available as a free download on the website.

Download the booklet

Details

(Posted: 21-09-2007)

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Law Society issues anti-money laundering practice note

The Law Society issued a practice note on anti-money laundering and counter-terrorist financing. It aims to assist solicitors in good practice and compliance with the Proceeds of Crime Act 2002, Terrorism Act 2000 and Money Laundering Regulations 2007.

AML/CTF practice note

Details

(Posted: 03-09-2007)

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