Issue 101 - Leeds Law Society

Transcription

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 info@searchflow.co.uk
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
steven.bancroft@barkerbrooks.co.uk
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
kate.mckittrick@barkerbrooks.co.uk
ADVERTISING:
Martin Smith
01423 851150
martin.smith@barkerbrooks.co.uk
Published by
Barker Brooks Media Ltd
4 Greengate
Cardale Park
Harrogate HG3 1GY
Tel: 01423 851150
Fax: 01423 851151
www.barkerbrooks.co.uk
info@barkerbrooks.co.uk
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
ben@barkerbrooks.co.uk
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
presidentevents@lawsociety.org.uk.
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. 
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
“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
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
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.
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 Lesley.Sharp@leedsahead.org.uk
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.
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
paul.bunce@barkerbrooks.co.uk
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.
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.
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 info@boldersolutions.co.uk
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 fesar@prolegissolicitors.co.uk
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 tom.robertshaw@thehaven.org.uk
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.
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: info@alphabiolabs.co.uk
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.
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 paul.bunce@barkerbrooks.co.uk
YLC_2011.indd 1
14/04/2011 11:59
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’. 
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,
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. 
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
leeds@sancarlo.co.uk
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 will.j.richardson@uk.pwc.com 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. 
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
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 | jo.gatie@barkerbrooks.co.uk
Telephone : 01423 85 11 57
IN ASSoCIATIoN WITH
CHARITY PARTNER
YLA2011_HP.indd 1
SPoNSoRS
11/04/2011 10:52
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?” 
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: childprotection@concateno.com
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: childprotection@concateno.com
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.
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
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
andrew.kilby@armstrongwatson.co.uk
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
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
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.
No need to worry if your case is cancelled or postponed - our
cancellation policy does not apply to lawyers and barristers, who we
appreciate may need to change their plans at short notice!
30 Park Place, Leeds, LS1 2SP
Riverside West, Whitehall Road, Leeds, LS1 4AW
PHONE 0113 386 3300 WWW.MORETHANJUSTABED.COM
off
When you mention
The Leeds &
Yorkshire Lawyer
The most advanced
Hair Alcohol Test
commercially available.
NEWLY OPENED:
State-of-the-art laboratory in Manchester
Now available is the combined package of FAEE and EtG
tests, also known as Trimega Laboratories’ “Gold Standard” of
Hair Alcohol Tests to provide you with enhanced accuracy in
interpretation for your casework. This is just one reason why
more and more solicitors are switching to Trimega Laboratories.
The Gold Standard of tests will provide you with a much longer
window of detection, compared to tests conducted using blood
or urine.
Book to schedule your FREE CPD
on Hair Alcohol Testing today.
Email: info@trimegalabs.com
Tel: 0845 388 0124
Trimega Laboratories also provide:
Hair Drug Testing
Hair Steroid Testing
Blood Alcohol Testing
UK Wide Collection Service
Same day collections (subject to postcode)
T OF PLO RE
F
C AR
FU
N
TY
DU
OF
DS
IN S
OR
PP
MS
OR
U
Find out more online: www.trimegalabs.com
LIC
E TO PUB
Corporate Social Responsibility
This is the symbol of Trimega Laboratories’
commitment to corporate social responsibility.
This commitment aligns our core values & ethos
to the PLO reforms and duty of care to public
funds within the UK legal sector.

Issue 101 - Leeds Law Society

Transcription

Similar documents

100bright youngthings

Brochure

WHO ARE WE Jumbulance Trust Delaport Coach

Brochure

Summer Inman - Summers Inman

Our autumn 2013 newsletter

Here - Communication and the City: Voices, Spaces, Media

Layout 1 (Page 2)