THE MAGAZINE OF THE CONFEDERATION OF THE SOUTH WALES LAW SOCIETIES LEGAL NEWS
Cardiff & District Annual Dinner Booking form on page 10
DECEMBER 2008 Editorial Board Richard Fisher - Editor Michael Walters - Secretary Gaynor Davies CONTENTS David Dixon Philip Griffith 3 CARDIFF & DISTRICT Simon Mumford President’s Letter Editorial copy to . Richard Fisher Charles Crooke 4 FEATURE 51 The Parade Are Some Firms Now Uninsurable? Cardiff CF24 3AB Tel: 029 2049 1271 . Fax: 029 2047 1211 DX 33025 Cardiff 1 5 FEATURE E-mail [email protected] The Coroner’s Tale - Lord Justice Scott Baker on the Diana Inquest . . Designed and Produced by PW Media & Publishing Ltd 6 PRESIDENT’S REPORT Tel: 01905 723011 Simon Mumford - December 2008 Managing Editor . . Dawn Pardoe Graphic Design 8 UPDATES Paul Blyth Election Fever and Three Courts Walk . . Advertising Sales Alison Jones 10 ANNUAL DINNER Email: [email protected] Booking Form Printed By . . Stephens & George 11 FREE MEMBERSHIP The articles published in Legal News South West Confederation of Law Societies represent the views of the contributor and are not necessarily the official . . views of the Confederation of South Wales Law Societies, Cardiff & District 12 REGULATION Law Society, or of the Editorial Board. Open Day at SRA The magazine or members of the . . Editorial Board are in no way liable for such opinions. Whilst every care has 13 MEMBERSHIP MATTERS been taken to ensure that the contents of this issue are accurate, we cannot be It’s Time to Renew Your Membership held responsible for any inaccuracies or . late changes. No article, advertisement or graphic, in whole or in print, may be 14 REGULATION reproduced without written permission Practice Standards Unit - Friend, Foe or Phony? of the publishers.
Cardiff and District Law Society/CLT Programme DX Thursday 29th JANUARY 2009 - The Top 11 Most Tricky Problems in Private Child Law We have had Wednesday 4th FEBRUARY 2009 (AM) Individual Insolvency - Arrangements and Bankruptcy Law Procedure and Property reports of firms experiencing Wednesday 4th FEBRUARY 2009 (PM) - Corporate Insolvency - Practice and Procedure problems with Thursday 19th February 2009 - Conveyancing 2009 Update the DX service. Thursday 19th MARCH 2009 - Criminal Law Update If you have had Thursday 2nd APRIL 2009 - Overage - Problems and Solutions any please let me know. Monday 20th APRIL 2009 - City Litigation 2009 Update Friday 8th MAY 2009 - Family Law 2009 Update Richard Fisher, Editor For further information, please contact Tracy Luke, Honorary Secretary, Education & Training c/o (Contact details above) Eversheds LLP, 1 Callaghan Square, Cardiff CF10 5BT; Telephone 0845 498 7565
DECEMBER 2008 WWW.CARDIFFLAW.ORG LEGAL NEWS CARDIFF AND DISTRICT PRESIDENT’S LETTER MARK HARVEY, PRESIDENT
claim does not succeed is only Commission this is a Welsh £79.50 plus VAT (sometimes scheme that ought to be enhancements will be added); extended to England. It has just received the acclaim of • Recent figures show that only Edwina Hart AM and Minister for about 0.5 per cent of adverse Health and Social Services. incidents result in a claim. Conversely we await in the next two Finally, remember that when it is to three years the implementation still suggested that lawyers are of the NHS Redress Measure to blame and a no fault scheme rejected in England but embraced is the answer, the Government by the WAG as its first Measure. Chief Medical Officer’s report The scheme is intended to be a of 2001 stated that a no fault quick non-litigation investigation scheme would lead to an increase and determination of liability. in claims and a £4 billion annual The Redress for low to modest bill to the NHS (compared to value cases includes: I think we all have our because we can show how Wales £400 million in 2008). favourite lawyer jokes. At leads the way in innovation. (a) the making of an offer of dinner parties guests all Recent Press coverage suggested So what about Wales? The School compensation in satisfaction of any that claimant lawyers’ costs in of Law at Swansea University right to bring civil proceedings in seem to have their own Clinical Negligence claims in has just completed an analysis respect of the liability concerned; collection to entertain us England were out of control. of the Speedy Resolution Pilot with. There are those who Scheme and this has concluded (b) the giving of an explanation; believe we should follow a “The annual bill in England now that the scheme has been a zero tolerance regime and tops £90m - a 122% increase in success and should continue. (c) the making of a reject all such humour as four years despite the number written apology; and of cases remaining relatively The Scheme was devised by the unfairly mocking our worth. stable. The NHS Litigation National Assembly for Wales. It (d) the giving of a report on On the contrary I think we Authority blamed it on a rise in is a joint expert, fixed timetable, the action which has been, must maintain our sense of no win, no fee claims which had fixed fee Scheme that is open or will be, taken to prevent humour. However I do think led to some solicitors doubling to claimants alleging clinical similar cases arising; we must arm ourselves their rates to £600 an hour” negligence against Welsh NHS with facts that remind Trusts that are worth between In these ways, Wales and their So what can we say? The £5,000 and £15,000. The aim solicitors hope to lead by example those same guests of what Association of Personal Injury of the Scheme was to achieve and demonstrate that the victims we actually do and how Lawyers helpfully pointed out four basic policy objectives: of clinical fault can receive proper we provide an invaluable that only a quarter of NHS remedies with minimal cost to the service. It is noteworthy claims are funded under no win • a reduction in the length of NHS. A result for all concerned that the humour or even no fee arrangements and, time taken to resolve clinical and something else to wave at the abuse rarely comes from negligence claims that qualify other Dinner party guests! But if • the Claimant lawyers’ fees for entry to the Scheme; you just want to be popular and someone who has received quoted include VAT, disbursements join in, then how about this one? the help of a solicitor. (many to medical experts!) and • a reduction in the cost insurance premiums, so the NHS of settling such claims; A new client had just come in to So let us consider clinical can get repaid in losing cases; see a famous lawyer. “Can you negligence as just such an area • an improvement in “lessons tell me how much you charge?” where facts should reign over • 41 per cent of claims are learned” from individual cases; and said the client. “Of course”, the rumour. I choose this subject abandoned by claimants, so a lawyer replied, “I charge £200 for two reasons. Firstly because high success fee is justified; • increased provision of to answer three questions!” it combines the myth of the explanations of treatment. “Well that’s a bit steep, isn’t it?” compensation culture with the • In legal aid cases, the basic “Yes it is”, said the lawyer, “And cost to the taxpayer and secondly hourly rate permitted if the Supported by the Legal Services what’s your third question?”
LEGAL NEWS WWW.CARDIFFLAW.ORG DECEMBER 2008 FEATURE
ARE SOME FIRMS NOW UNINSURABLE? PETER DAVIES Now that the dust has settled for most firms Our President, Paul Marsh, who is If you wish to contribute to following the recent renewal their professional well known for his work with SIF, this debate during the months is well placed to lead this review. before that meeting, whether indemnity insurance (PII) cover, perhaps it is It is time for him and our elected anonymously or, preferably, time for the profession to begin to look afresh Council members to stand up and on an attributable basis, at whether the current practice of open market be counted before it is too late. then please contact me at cover is in the best interests of every practitioner. the address given below. Perhaps it is also time to revisit Headlines such as: “Market to the type of business and the generic terms which the In the meantime, and so as to chaos leaves firms trading without size of firm they will insure. Law Society insisted that all place you in a better position insurance”; “We will not insure qualifying insurers adhere. for next year’s renewal, why conveyancers”; “40% hike for I suspect that not many solicitors not consider the following: firms – take it or leave it” gave much thought to this One type of policy does not are not just based on anecdotal possibility when the old mutual perhaps fit all firms. Maybe • Do you organise your evidence; they have appeared was laid to rest eight years ago. different policies should be insurance through a reputable regularly in the legal press available for firms who undertake and independent broker? since July of this year with the Since RSA (formerly Royal & different types of work. first casualty, Novae, one of Sun Alliance) stopped writing • Do you place too many eggs the qualifying insurers pulling new business for one and two If the Law Society is looking at in one basket – particularly if out of the market completely. partner firms, and Norwich alternative regulatory regime you just do conveyancing? Have Union, which controls 8.3% of for national and multi-national you considered diversification? Is this purported hardening of the market, stopped offering firms, should different insurance the market in response to an business for firms with fewer criteria be adopted for different • Are you really better off evidence based analysis that than nine partners that carry firms, recognising that this could ploughing your own furrow some solicitors’ practices are out conveyancing work or claims well work to the disadvantage or could you be a better risk no longer the low risk and highly company work, the time has surely of small high street practices? being part of a bigger team? profitable businesses which come to have a wholesale review once drew the broad spectrum of the current arrangements. Are we comfortable that the • If clients’ needs no longer of insurers into the market? US Government is effectively require you to work 12 hour Why is this happening when insuring a large proportion of days and visit the office at PII is the third largest overhead there is evidence to suggest that legal practices following its $85bn weekends, maybe you can find for any firm following staff and most firms’ risk profiles have not capital injection into AIG? In doing time to reconsider your risk property costs. By and large, changed and their claims records so, a catastrophe was averted. management procedures and premiums (for most firms) have not been adversely affected? Maybe the time has come to pursue that long held ambition have been very competitive Is it a purely random reaction allow staggered renewal of PII to attain Lexcel Accreditation. for the last eight years since or is there a concerted attempt cover, rather than a single day Surely more than 700 out of the demise of the SIF. (perhaps with the approval of deadline frenzy which, it seems, the 9,000 firms in England the Regulator) to drive out the militates against the perceived and Wales can become On the other hand, underwriters perceived bottom end of the less attractive end of the market. Lexcel accredited. argue that rates over the market – the high street end of last few years have not kept the profession which in terms In the spring of 2009 (some six Act now – don’t leave it pace with the actual costs of numbers still accounts for months before the next renewal), to the last minute. of underwriting the risk. the largest number of firms. Cardiff Law Society will be holding an open meeting for members Peter Davies is past President However, whether due to a Surely with 26 qualifying insurers, and practitioners in South East of the Associated Law Societies hardening of the market generally the Law Society can and should Wales. At that meeting there of Wales and currently Vice or a fear of what the credit crunch start working now to ensure will be representatives from President of the Cardiff & District might bring, some insurers are that this year’s “free for all” the main brokers, underwriters, Law Society. He can be contacted now being openly selective as does not recur next year. regulators and the Law Society. at [email protected].
DECEMBER 2008 WWW.CARDIFFLAW.ORG LEGAL NEWS THE CORONER’S TALE - LORD JUSTICE FEATURE SCOTT BAKER ON THE DIANA INQUEST MICHAEL IMPERATO Cardiff University run a series of some Dickensian world of arcane A major problem for the inquest fortunate with its jury, in that over public lectures on legal matters legal practices. However, such was that a number of those the best part of a year, they had throughout the course of the Judges are usually the ones who involved were French paparazzi. only lost a few days through illness academic year. One of this season’s pioneer and champion technology. There were difficulties in compelling or family commitments. Clearly they star turns was a lecture by Lord Certainly Lord Justice Scott Baker such people to give evidence and were well looked after. Justice Scott Baker who, sitting spoke with pride as to how he even in getting them to attend as the Deputy Assistant Coroner had managed to bag the biggest court, by video link, from Paris. The outcome was unlawful killing by for Westminster, heard the Diana court room at the RCJ and the one Witnesses had also attended by way of a mixture of Henri Paul, the Inquest. His lecture was entitled “A where they could install banks of video link from far flung corners of driver of the vehicle in which Diana Coroner’s Tale” (should it not have computer screens and even have a the world. was travelling and the actions of the been “Deputy Assistant Coroner’s video link to the courtyard outside paparazzi. The conspiracy theorists Tale”?) and was to be his reflections to satisfy the curious hoards of the The role of the jury was discussed will never cease but it is my on the highest profile coroner’s public who could not fit into the at some length. Extraordinary perception that they have certainly inquest in British legal history. court room. Materials and evidence lengths were taken to ensure that quietened down since the inquest used in Court during a day of the the jury were protected from the and Lord Justice Scott Baker can I have always had a soft spot for hearing would quickly be put up on Press and, to a certain extent, take much of the credit for that. Lord Justice Scott Baker. He was the inquest’s own website straight from the public. Lord Justice Scott one of three Court of Appeal Judges afterwards. He took pride in the Baker insisted that each member The one disappointment of the sitting in one of my first cases to go number of hits the website received of the jury be transported from evening was that he did not up to the Royal Courts of Justice, a during the course of the inquest. home to court by the Police, rather take questions. I expect there multi party VWF case. I more or less than have to make their way on was a worry that some strange knew we had won the case when, It was particularly refreshing to public transport. This not only kept or disrespectful questions may during the course of dialogue with hear him saying that, in his role them free from idle gossip on the be put to Lord Justice Scott the other side’s Counsel, he said, as a coroner, how important it was tube but also ensured that they Baker. Certainly it would have “If I was a solicitor sitting in my for all parties to have complete reached court on time. When the disappointed a certain prominent office, and the claimant came to see disclosure beforehand. He took jury travelled en masse to Paris London shop owner, had he been me with this set of facts, I think he the view that to hold material back they had their own charter flight. present. Just as well for Lord Justice would have a very good case.” would only raise questions and The inquest was extraordinarily Scott Baker that he was not. suspicions amongst the parties Lord Justice Scott Baker cuts an and the public. Total transparency impressive figure. He is very tall with and thus total disclosure was to a ramrod straight back. He spoke for the be inquest’s byword. Oh for all nearly an hour with little reference to coroners to take that approach! his notes and without hardly pausing Some full time coroners have a lot for breath or stumbling over a single to learn from the Deputy Assistant word or phrase. He explained how Coroner for Westminster in this he had been asked by the Lord respect. Chief Justice to do him a favour, to hear the Diana Inquest. The High He spoke with respect for Michael Court had recently ruled that this Mansfield QC who was acting matter should be heard with a jury. for Mohammed Al Fayed. Clearly Lord Justice Scott Baker had plenty Mansfield touched on difficult of experience of handling difficult topics but Lord Justice Scott Baker jury trials when he was a High Court said that he never crossed the line. Judge. He immediately set about There was obviously a mutual trust putting in place an administrative between advocates and coroner. team that included the inquest’s Of course Mr Al Fayed quite openly own legal advisers. Having initially advocated that the death was as had a budget of virtually nothing, he a result of a plot hatched by the managed to persuade the Ministry Secret Services and the Duke of of Justice to agree to a budget of Edinburgh. Lord Justice Scott Baker £6 million for the inquest. In the did not duck from this issue, indeed end the inquest actually came in he had put it to the jury as a matter £2 million under budget. I am sure they had to carefully consider. Again most of the audience thought this one must applaud and respect the was highly commendable whereas transparent and direct way in which some of the solicitors such as me this inquest had been conducted. were thinking – I bet the lawyers It was fascinating to hear the involved wished they had asked for explanation as to why he would not higher hourly rates. call the Duke of Edinburgh to give evidence and why he certainly could Less informed people often expect not entertain any suggestion of the these senior Judges to be stuck in Queen giving evidence.
LEGAL NEWS WWW.CARDIFFLAW.ORG DECEMBER 2008 PRESIDENT’S REPORT - DECEMBER 2008 I found myself in Richmond, the ground obviously not being willing well out of the way (he having Thankfully, at about 2.30am, the North Yorkshire (doing a weeks to let out even one of the few souls apparently invited a wheelchair “Change We Need” and “Yes prosecuting for the Army) whilst stupid enough to enter, thus risking bound senator to “Stand up” we Can!” (why can’t they get the broo ha-ha of the US elections the loss of the electric atmosphere. to receive an ovation at a rally sentence structure right, and was taking place. It is a lovely early on in the campaign). why doesn’t Bob the Builder town, but, it being filthy cold and “Off to see ‘ow Brick Ooobamba sue?) posters were being waved wet, I decided the best thing to do gets on are yer, Luv”, said the Of course the Republicans had triumphantly, so I allowed myself was succumb to the enthralling charming lady prison warder who was no such qualms about letting Mrs the “luxury” of retiring to my lure of Darlington versus Bury eventually persuaded to open a vast Palin spout off on everything from less than comfortable bed. in the Johnsons Paint Trophy steel door to allow me to escape. foreign policy (which seemed to quarter final. As one does if one me to be based on the fact that But, notwithstanding the real is a masochistic geek who is There being little else of she had apparently seen Vladimir quantum leap that the US bored rigid, staying in a tee-total, earthly delights remaining to Putin digging a silo for his latest electorate made, what can the new non-smoking, guest house which me, having feasted on what nuke across Alaska Bay from her guy do? He has said he needs was a 555 yard walk away from purported to be beef stroganov bedroom window), to economic another three trillion dollars at the the nearest light. Downhill going, with chips (rice not an option) policy (based on “Hockey Moms”(?) beginning to kick start his economy, uphill (one in twenty gradient) a little earlier, I did just that. and “Rottweilers - buying lipstick!”- he has pushed all the right buttons coming back. In a monsoon. And a simile that is beyond me). about getting out of foreign wars, if the alternative to recreating There was the historian Simon but is it really achievable? Napoleon’s retreat from Moscow Sharma, waving his hand about and, And whilst I was feeling rather to reach the dubious safe haven disconcertingly, rotating his neck amused by all the technical Greedy bankers, terrorism, plunging of a Weatherspoon’s pub called as if practising being one of Henry wizardry of a map of the US being markets and inevitable opposition “Shinner Sidebottom’s Jock V11’s head removal victims (AND made all sorts of different sizes from the soon to be disenchanted Strap” (or something very like he wasn’t wearing a poppy which and colours, accompanied by some portion who don’t immediately that), was sitting on a hard chair even the Yanks on the show were), anorak impersonating an over the benefit, are going to impede him. and peering myopically at the 3- and offending every one else on to horse racing commentator on And what happens over the pond inch TV in my oh-so cosy (Estate the panel by uttering outrageous speed, I, rejoicing that, despite will affect anything that we can do. agent talk for “couldn’t swing a comments about the US. Why this being a two horse race, our very small rodent in here”) room, him anyway? Just because he has elections are so much simpler and The only comfort is that it I decided to take the car some recently done the serious version of less time consuming, it suddenly has all happened before, and twenty miles to the match. Steven Fry’s jaunt around the US, I struck me. This really matters to the planet survived. We just suppose, (even though I like Steven those of us inhabiting our rock have to impersonate a herd of It was undoubtedly the most Fry, I am getting fed up when he somewhere to the West of Europe. cattle, stick our heads down, boring sporting event since the says “Good Lord!” to everything he turn our backsides into the Scottish rugby 15, celebrated a 0-0 is shown, from a basket made from If they get it wrong Stateside, we storm, and keep going. draw with the All Blacks in 1905. twigs to deer poo being smeared on will suffer. So the faint ridicule and I remember dear old Sol Joseph, The tedium was only relieved by to his coat so that he will not spook smug humour I had felt, turned the doyen of the one-liner and the 138 Darlo fans chanting to the poor beasts as they wander into into real anxiety. What if the polls tale of strife, holding court in the 42 Bury fans opposite (yes, some redneck’s telescopic sights). had been hoodwinked, and the the court canteen at what is yes I actually counted them) voters went behind the screens, now the Crown Court, during the “Come on a moped, you must Anyway, they showed the two voted for Elmer, having decided recession of the late seventies. have come on a moped!” (to the candidates doing their last that they could not, after all, vote tune of “Guanta la Merra”). speech before the actual vote. for an Afro-American? This despite “Always remember” he said, Mr Obama was streets ahead of the fact that he is so obviously “things have always been worse I left at half-time with the the jolly geriatric McCain. Lucid, better suited than a bloke, bravery at some time, and politicians score at 0-0, the highlight well briefed. Sounded like he notwithstanding, who has every are fatally flawed by either having been the centre half for understood something about the prospect of not being able to wanting to be, or allowing Darlington having made a ten world’s economy (which is just as finish his term of office, having themselves to be, elected”. yard dash into the centre circle well since he is now going to be been packed off to the “Krusty the then colliding with the ref and, in charge of it) and very dignified. Clown Happy Home for Successful When asked to elaborate, he somehow, loosing his shorts. The other fellow just reminded me Time Accumulators“, and leaving told us that he had been posted of Elmer Fudd, the clueless hunter, in charge “Bloodthirsty Barbie” in to Burma with 19 squadron in I then had to wander around for ten being made an idiot by Bugs Bunny. sexy specs, expensive short skirt, 1942. He had to have all his hair minutes, to find someone to let me Sensibly, the Democrats had kept clutching a smoking Winchester shaved off because of the lice out. Those canny folk in charge at their prospective Vice-President rifle and a dead Moose at her feet? that infested him, was sleeping
DECEMBER 2008 WWW.CARDIFFLAW.ORG LEGAL NEWS PRESIDENT’S REPORT - DECEMBER 2008 in a leaky tent with an amazing for implementing our policies and sir! Show me your licence please.” Detective Chief Inspector arrive. array of creepy-crawlies, was living ridding us of a good few thousand The latter goes up to my client. off sloppy corned beef, flying a of those pesky Publicly Funded “Sorry officer, I’d give it clapped out Hurricane and being Lawyers”, it was more- “well now the to you, but I’ve lost it four “My officer tells me that chased daily by a lot of very guards have shot the prisoners for times for drink driving” you have stolen this car and much faster Japanese fighters. us, let’s shoot the guards! That will murdered the owner whose body save us a few more bob.” But, whilst “I see sir, well can I have your you have placed in the boot, Having evaded several of these secretly thinking “Told you so”, it is insurance and registration please?” sir! Open it if you please.” deadly machines and returning to simply another slightly larger portion his airfield, he flew over a Royal of the wedge being inexorably “Again, sorry officer, but “How extraordinary” says my client Navy Destroyer which promptly pushed into the painful place. I stole this car.” opening the boot, which is empty. shot him down! He crash landed in a paddy field, with no controls It is also going to be interesting to “Stole it sir?” “He also tells me that you are working, and, tragically killed several see what effect the now imminent a banned driver, with no tax or native farm workers in so doing. single fee for Crown Court cases “Yes officer, and I killed insurance sir.” says the DCI, “Me?” has. The Bar, not surprisingly, are the owner. She is in the says my client producing his Far from being set upon by worried. They thought they had a boot. Want to see her?” licence and documents, all valid. the surviving farmers, he was deal with the Government. Now carried on their shoulders to the they will have to hope that at least Not surprisingly the policeman is a “Well sir, this is strange.” resident mayor, who thanked him a minimum fee will be allowed. bit worried by now, so he asks my and gave him a bag of rice! Since there are young barristers client to place his hands on the “Yes” says my client “And in London agreeing to do whole bonnet, and calls for assistance. I’ll bet the lying swine said “After that” he told us “I never days in the Magistrates Courts Within minutes a host of paddy I was speeding as well!” worried about much, and for nothing, on the basis they wagons, a swat team and a Nadolig Llawen, Mumf never trusted politicians”. can do any matters that make it to the Crown Court! That must So whilst I really do think that the encourage strong arguments for new Pres is much better than anyone the Mags retaining jurisdiction. for some time, I remain cynical as to a quick turn around and a rapid In one way Solicitors will have some gallop back to times of plenty. level of self determination, but at what cost? Can we, with our limited On the Confederation front, I am number of Higher Court Advocates afraid that the Credit Crunch has do the whole job? And how many Independent provider of expert witness had an effect on our plans. The excellent Barristers will be lost to an services to the legal profession annual Autumn courses were down already creaking “Justice” system? on the numbers attending, although The CPS already do twice as much Over 20 years’ experience in were, thanks to Mike Walters’s in the Higher Courts themselves, civil and criminal financial investigations ability to sell snow to Eskimos, still so this new move could be profitable. The expansion project disastrous for the independent Bar. Client-focused service is just not viable at present-people have more important priorities, and Enough dear reader, of doom We offer a free initial case review to identify ways in their budgets are stretched. We and gloom. ‘Tis the season which we can help and to provide an outline of the likely have therefore decided to offer free to be jolly. OK Santa may be time and fees involved membership of the Confederation visiting clutching a Lidl carrier for 2009 to those who are not bag, rather than his bulging sack, Publicly-funded assignments welcomed members through their local Law mounted on a tin tray and pulled Socities – see the form on page by a hamster called “Eric”, and For enquiries please contact us on 01454 203778 or 11. Please make the effort to join! the turkey may have to be more email [email protected] the size of a wren this year, but The announcement of the much there is always the police driving First Floor, Aztec Centre, Aztec West, hated Legal Services Commission crackdown to look forward to. Almondsbury, Bristol BS32 4TD being put to the sword, comes as A client of mine was stopped only no surprise. Instead of “Well done yesterday. The officer said “you Thou Good and Faithful Servant, were doing 38 mph in a 30 area www.forensicaccountinguk.com
LEGAL NEWS WWW.CARDIFFLAW.ORG DECEMBER 2008 UPDATE
ELECTION FEVER On Thursday 30th October, Student Liaison Officer: Elin Davies order to increase participation a friendly kick about on a Thursday election fever was looming but Male Sports Representative: from members who live and night. If you are interested please there was no mention of Obama John Adams work outside the capital. contact John, our male sports or McCain... instead it was, of Female Sports Representative: officer at [email protected]. course, that time of year again Sian Thomas Our small firm liaison officer, James, when current SWTSG (South Small Firm’s Representative: commented that “as a trainee Our netball team meets on a Wales Trainee Solicitor’s Group) James Coleman from a small firm myself, I can Wednesday night between 7.00 and committee members step down relate to the feelings of trainees 8.00 at Howells School. With regular from their roles and new, nervous I have been lucky enough to in other small firms who may see matches and great socials it is worth trainee solicitors put themselves take over the role of SWTSG the SWTSG membership as being your while to join the team if you forward to represent their fellow National Representative from dominated by the large firms. It may want to keep the fitness levels up budding solicitors, heralding in Tracey Singlehurst-Ward’s capable well be the case that big groups and kick off those high heels after a a new year for the SWTSG. hands. I am a first year trainee from the larger firms on the whole hard-working day at your desk. Please at Hugh James Solicitors, attend the events at present; contact Sian at femalesports@ The election night was held at enjoying my first seat in the firm’s however, it would be great to see swtsg.com for more information. The Yard on St Mary’s Street, Nursing Care Department. more of a mixed membership. You Cardiff followed by a post-election are bound to bump into somebody Finally, I urge all young legal cocktail party at Las Iguanas. As National Representative, I will be you know and it often presents a professionals to join the SWTSG. The night was kindly sponsored keeping the readers of Legal News great opportunity to catch up and The SWTSG is open to and by legal recruiters Chadwick Nott. up to date with SWTSG’s activities. network.” If you are from a small represents law undergraduate It was a successful night with an I will also be representing SWTSG firm yourself and want to help James and post-graduate students, excellent turn-out. Both current members on the Cardiff Law Society spread the SWTSG word contact paralegals, trainee solicitors and and new members were present Council and Confederation of South him on [email protected]. qualified solicitors with up to five as well as representatives from Wales Law Societies and contributing years’ active PQE based in the Chadwick Nott. Ten positions to the SWTSG social events. At the Our Student Liaison Officer, Elin South Wales area. The group is have now been filled and we have time of writing this article, I have invites all students interested in fun, friendly and provides a great an enthusiastic team ready to just returned from my first Cardiff joining the SWTSG or who want opportunity to share experiences carry on the good work of last Law Society Council meeting where advice on life as a trainee to e-mail about our new, exciting and often year’s committee and ensure a I received a very warm welcome her on [email protected] daunting careers. So join our fun filled year for our members. from the Council who demonstrated mailing list by e-mailing Mike at great support for SWTSG’s work I would also like to take this [email protected] and remember I therefore present to you and role within the profession. opportunity to remind you that we to keep up-dated with all the the 08/09 committee... have a SWTSG football team. They latest events on our website www. Chair: Tom Bedford As a committee, our main have played one game since the SWTSG.com. In particular, keep Vice Chair: Sara Kingdon objectives this year is to (1) elections, winning 7-6 against the your eyes peeled for our Christmas Social Secretary: Jennifer Holgate encourage more involvement from Deportivo Oranjeboom team in the event in December. See you there! Treasurer: Lynsey Gough individuals who work in small law 5-a-side league. The football team Publicity Officer: Michael Evans firms, (2) encourage more student currently plays in a competitive 5-a- Esyllt Mair Hughes National Representative: involvement and (3) arrange a side league on Monday nights but SWTSG National Representative Esyllt Hughes social event outside Cardiff in is also looking for players to have Hugh James Solicitors
THREE COURTS WALK
raised from the walk will be donated has the benefit of a steering group may still do so by visiting our to a new charity, Cyrraedd Cyfiawnder drawn from across the professions. JustGiving site which can be found Cymru – Reaching Justice Wales. Charitable registration is in progress. by following the links from www. reachingjusticewales.org.uk RJW/CCC will raise funds to support The Cardiff Walk was a great voluntary sector agencies which success. RJW/CCC President, Lord The organisers provide free legal advice where there Justice Pill led a group of 190 would like to The Walkers registering is need, supplementing but not walkers around the City in support thank everyone Members of the Welsh legal replacing legal aid. It offers a wonderful of the new charity. It is hoped that who supported President, profession, including judges, opportunity for the whole profession the minimum target of £10,000 Lord Justice the event by solicitors, barristers, legal executives, to demonstrate its continuing will be raised once all sponsorship Pill walking for justice public sector lawyers, academics and commitment to access to justice for all. monies have been collected. – the walkers, the team co- law students took part in the ‘Three ordinators, student stewards Courts Sponsored Walk’ walk in RJW/CCC is established as a Anyone who missed the opportunity and everyone who donated Cardiff on 25 September. All money company limited by guarantee and to pledge money to the event sponsorship money to the cause.
DECEMBER 2008 WWW.CARDIFFLAW.ORG LEGAL NEWS UPDATE
ILEX - ANNUAL BALL 11th OCTOBER 2008 Our Charity raffle was a great success and Runner up was Owen Lewis, also welcome others interested in raising almost £400 for our nominated nominated by Coleg Glan Hafren. joining the Branch or Committee. Charity, the recently launched Welsh Charity, ReachingJusticeWales. Mandy received a prize of FORTHCOMING EVENTS The Branch would like to thank all £100 sponsored by CS Legal 12/12/2008 - Xmas Drinks. To those who donated prizes - John M Recruitment and Penny Francis start at 6.30pm, The Brasserie, Hayes Partnership, Chambers at presented the award. All our Mill Lane, Cardiff. Complimentary 9 Park Place, Millenium Stadium, Runners up had a £10 prize and a drink for Members. Our Annual Ball took place on 11th Pendragon Chambers, Park Rowe Certificate to mark the occasion, October 2008 at Park Plaza Hotel, Associates, The Law Society, Temple compliments of our Branch. 20/1/2009 - Committee meeting Cardiff and I am pleased to report Chambers, ILEX and Temple Legal – 5.30pm Henrys Wine Bar. that all our hard work paid off. The Protection and thanks to David After the formalities, we had evening commenced with a Drinks Pipkin for attending the Ball. Cabaret with Jacky Webbe. Jacky 30/1/2009 - Greek Night – Meal Reception when our guests had the has been a winner on Stars in Their and dancing at Hasapiko’s, Cardiff. chance to meet up with old friends This year we focussed on recognising Eyes as Diana Ross and she did a and new, followed by a lovely meal. the achievements of our Students Motown tribute which encouraged Feb 2009 - CPD event – TBA and awarded prizes for ILEX South us to join her on the dance floor. We were honoured to welcome to Wales Students of the Year 2008 March 2009 - AGM – TBA. – (new our guests, ILEX President, Mr Mark Level 3 and Level 6. Thank you to As always, its thanks to the committee members welcome) Bishop, Mr Denzil Lush, Master the Colleges for the nominations Branch Committee Members Kevin of the Court of Protection, District and for attending the Ball to support McCarthy, Lynne Squires, Shelly April 2009 - Quiz Night Judges Mr John Doel and Mr David their Students. Our winner for Level Morgan, Sian Marie James and – South Wales Branch –v- Asplin, representatives of local Law 3 was Angelina Davies, nominated Wayne Phillips, who all helped to Bristol Branch. –TBA Societies and the Confederation by Bridgend College with Runners make the evening a success. of South Wales Law Societies, up Alison Roberts and Kathryn July 2009 - Ladies Night at and ILEX Council members. Gilman, nominated by Coleg Glan The Branch was re-launched in Chepstow Racecourse. TBA Hafren and Helen John, nominated 2004 and we are hoping for another We were addressed after dinner by ITC. Angelina received £100 successful year and we are already NB STUDENTS. Revision Days by our President, Mr Mark sponsored by Simplylawjobs.com planning events for the forthcoming will be arranged between January Bishop who up-dated us on and Michelle Jones attended the year. The Branch is always – June 2009 in conjunction recent developments for Legal Ball to present the award. The Level looking for new ideas we officially with Coleg Glan Hafren. Executives including the new 6 winner was Mandy Blackwell, welcome Mandy Blackwell as a Dates and venues for the qualification route for Students. nominated by Coleg Gwent, Newport new Committee Member. We would above are to be confirmed.
SOUTH WALES REGION OF SOLICITORS FOR THE ELDERLY RELAUNCH South Wales Region of the national for running the local branch of SFE. and voluntary organisations attended as helping other legal professionals association ‘Solicitors for the The Committee consists of Rhys a seminar on NHS Continuing to do the same, so that I am Elderly’ (SFE) are re-launching with Thomas of Emeritus Legal, Meinir Healthcare – How to do it in Wales. able to give both my clients and a series of training sessions. Evans of Merlin Phillips with KTP, Carol The speakers were Peter Tyndall, colleagues first class legal advice Ward of Beor Wilson Lloyd, Jo McGill the Public Services Ombudsman in a field of law which is constantly SFE is an association of lawyers who of Dolmans and Lisa Morgan of Hugh for Wales and Lisa Morgan, solicitor evolving, as the requirements of specialise in legal services for older James. The role of the committee with Hugh James, who is regarded the elderly population change.” people. Members of SFE have a will be to hold meetings with SFE as an experienced and specialist wealth of experience within this key members to discuss issues in the solicitor in this niche area. The next event will take place on legal area and they are required to field of elderly client law, organising the 21 January 2009 at Miskin have spent a substantial amount of training sessions with experts in Rhys Thomas, Regional co-ordinator Manor Country Hotel near Cardiff. time working for elderly clients. The the field who will give lectures and of SFE South Wales said: “It is vital The topic of the seminar is the aim of this national association is to discussions with the group. The for the legal profession to have Mental Capacity Law and the Court improve the knowledge and service committee will help ensure that specialists who can advise an ever of Protection and the speaker will provided for the older people and local solicitors have the requisite increasing elderly population on their be the eminent Senior Judge Denzil their carers on legal issues including, knowledge to be able to give the needs and requirements and assist Lush. Court of Protection London. tax planning, wills, enduring powers of best legal advice to their clients. them in putting their affairs in order. If anyone is interested in attending attorney, long-term social and health I am looking forward to increasing the seminar, please contact Carol care and other retirement issues. The re-launch took place on the the membership and profile of SFE Ward, Treasurer, SFE South Wales 19 November 2008, where over in the South Wales area. This means at Beor Wilson Lloyd, Calvert A new committee has been 50 delegates, including solicitors, that I will be able to continue my House, Calvert Terrace, Swansea established, who will be responsible students and personnel of charitable development in this area, as well SA1 6AP or [email protected].
LEGAL NEWS WWW.CARDIFFLAW.ORG DECEMBER 2008 ANNUAL DINNER INCORPORATED LAW SOCIETY FOR CARDIFF AND DISTRICT ANNUAL DINNER CITY HALL, CARDIFF • FRIDAY, 30th JANUARY 2009 SUPPORT YOUR SOCIETY AND YOUR PRESIDENT MARK HARVEY Guest Speaker: David Kendall (“The best speaker we’ve ever had” – speakers-uk.com) followed by Dancing 7.00pm for 7.30pm Black Tie • Tickets £50 per person
Tickets available from: Richard Fisher, Charles Crookes, 51 The Parade, Cardiff, DX 33025 Cardiff. Telephone (029) 2049 1271. Email [email protected]
Sponsored by Ellis Grant, Law Costs Consultants
Aon - Insurance intermediary for the legal profession
We would like to reserve ______places and enclose a cheque for £______payable to Inc. Law Society for Cardiff & District
Name of Contact: ______
Name of Firm: ______
Address/DX: ______
______
______
Telephone No. ______
Special Dietary Requirements: ______
10 DECEMBER 2008 WWW.CARDIFFLAW.ORG LEGAL NEWS FREE MEMBERSHIP THE CONFEDERATION OF SOUTH WALES LAW SOCIETIES ANNOUNCES FREE MEMBERSHIP 2008 – 2009 ELIGIBILITY: ALL SOLICITORS; BARRISTERS; TRAINEE SOLICITORS; PUPIL BARRISTERS LEGAL EXECUTIVES; TRAINEE LEGAL EXECUTIVES; PARA LEGALS AND LAW STUDENTS (FULL AND PART TIME)
BENEFITS INCLUDE: • FREE SUBSCRIPTION TO LEGAL NEWS • REDUCED COURSE FEES • CONCESSION ON GOODS/SERVICES • SOCIAL FUNCTIONS ALL YOU HAVE TO DO IS FILL IN THE FORM BELOW:
NAME: ...... DOB: ......
ADDRESS: ……………………………………………….………………… PLACE OF EMPLOYMENT/EDUCATIONAL ESTABLISHMENT:
……………………………………………….………………… ……………………………………………….…………………
……………………………………………….………………… JOB TITLE:
……………………………………………….………………… SOLICITOR / BARRISTER / TRAINEE SOLICITOR /
……………………………………………….………………… PUPIL BARRISTER / LEGAL EXECUTIVE /
TRAINEE LEGAL EXECUTIVE / PARA LEGAL / STUDENT
SIGNATURE: ...... DATE: ………………………………………......
LEGAL NEWS WWW.CARDIFFLAW.ORG DECEMBER 2008 11 REGULATION
OPEN DAY AT THE SRA RICHARD FISHER, VICE-PRESIDENT, CONFEDERATION OF SOUTH WALES LAW SOCIETIES As I approached the doors of the SRA I began report behaviour and conduct which Our suggestions are that the SRA does not fit in with the SRA ethos. acts unduly aggressively in order to feel rather nervous. It was after all like going to justify its own existence was into enemy territory. I wondered if I should We were also told that the Ethics not entirely accepted by the SRA! Helpline was being improved and have borrowed a company of Countess would be open for eight hours In fairness, it does seem the SRA Mountbatten’s Own from Mike Walters to per day rather than the previous listens to bodies such as local four. Whilst there were complaints law societies and it is therefore blaze a trail for me and cover my back; I that advice cannot be relied upon, important that all solicitors should thought perhaps I should ring the office and the SRA representatives pointed support their local law societies out that often facts varied on the especially as it appears that, tell them that if I had not reported back safely information given in a request for despite my constant naggings, the by 3.45pm they should ring LawCare. guidance and subsequent events. national Law Society may have It is obviously advisable to make an difficulty in being representative Fortunately, when I arrived • Proportionality: They are accurate note to what information against the SRA because of inside, I found plenty of allies, now making risk assessments you give to the helpline and what a conflict of interest. Without representatives from Local Law on intelligence received to advice is given. It is possible to receiving information from you, the Societies ranging from Derbyshire avoid unnecessary visits. put in a written submission and practitioners, local law societies to the City of Westminster and they to obtain a written reply but, in cannot act and respond to the were certainly not holding back • Transparency: The SRA will try to fairness, it is obviously not possible SRA in a way which was done their shots. They assaulted Peter increase transparency by explaining for very quick written response to constructively at this meeting. Williams and Anthony Townsend the reasons for the investigation be given and the SRA is presently Please therefore let me or your with reports that Forensic so long as this was not likely working on a ten working day local representatives have any Investigations were “Gestapo-like”, to prejudice the investigation. target – not particularly helpful. feedback that you may have; this “a visit from the Stasi” and stories of course will be dealt with on an of SRA’s investigators being unduly • The SRA is trying to minimise It was emphasised that the absolutely confidential basis and if aggressive and secretive. Other the time spent on visits and to Professional Support Unit (PSU) you prefer on an anonymous basis. complaints which representatives speed up the reporting procedure. were designed to help and guide I should also be interested to hear had received were that the reports, practitioners although again there about people’s experiences with in particular, where no action was It was quite clear in the were reports from those present the Legal Complaints Service. being taken, took a very long time discussions that followed that, at that even on these visits the SRA to come back and, if the solicitor least at the higher levels, those staff can be unduly intimidating Lastly, it is important that you was required to reply, the solicitor in the SRA appreciate that the and secretive. This again was a should not feel isolated when was given a very short time to role of a regulator is to provide matter which was being addressed. you do have dealings with the do this. There were also reports guidance and preventative action SRA. The Solicitors Assistance that SRA records of the interviews and not merely investigatory What we, as local Law Society Scheme, SAS, is always there to which take place at the end of the and disciplinary procedures. It representatives, tried to get over help you (020 7117 8811, email: investigation were inaccurate. was accepted that it would be was that as a profession, we [email protected]) It is also counterproductive if the SRA want to ensure that dishonest worth checking your Professional In fairness, the SRA seemed to preserved to be duly aggressive solicitors are disciplined but we Indemnity Policy as these often already have anticipated and and over-zealous. Whether these wanted the SRA to except that the contain provisions (usually hidden taken on board these complaints. attitudes will translate down to the vast majority of solicitors are not away) for assistance for legal We were given a presentation by investigators on the ground – often dishonest and that over-zealous costs incurred by regulatory the Director for Investigation and ex-trading standards officers or regulatory visits sometimes bringing proceedings if, unfortunately Inspection, Colin Quinney, who set police officers – is perhaps another up relatively minor regulatory you get to a position where the out three areas where the SRA question. It was made clear that offences, should not be something SAS are no longer able to help were trying to improve matters: solicitors should not be hesitant to that practitioners have to fear. under their voluntary scheme.
12 DECEMBER 2008 WWW.CARDIFFLAW.ORG LEGAL NEWS MEMBERSHIP MATTERS IT’S TIME TO RENEW YOUR MEMBERSHIP! TOM DANTER, MEMBERSHIP SECRETARY, CARDIFF & DISTRICT LAW SOCIETY
Christmas is just around the ordinary members of the Cardiff either in person at Chambers or How to Join/Renew corner, signalling the arrival of late & District Law Society, the by telephone for a fixed fee. Your Membership night shopping, the pantomime subscription of an equal number season and - of course - that the of Assistant Solicitors employed • KEEP UP TO DATE! New Members time has come for members to by such firm and elected to All members receive Legal News, Should you wish to become a renew their membership of the membership of the Cardiff & which covers legal issues and member of the Cardiff & District Cardiff & District Law Society! District Law Society will be waived social events. The Cardiff & Law Society, please request a ‘NEW District Law Society also has a MEMBERSHIP APPLICATION FORM’ As the current membership year • 12 Partners and 12 other web site at www.cardifflaw.org. from Tom Danter, Membership closes, may I therefore take this Solicitors (who shall be nominated Secretary, Cardiff & District opportunity of inviting current by the Partners) can be nominated Members of Cardiff & District Law Law Society, Correspondence members of the Cardiff & District to become members at a total cost Society are entitled to enhanced address: Dolmans, 17-21 Windsor Law Society to renew their of £1,000.00, but the subscription FREE ‘advertising’ linked to their Place , Cardiff CF10 3DS or DX membership for 2009 and indeed, for any further Solicitors shall be ‘Find a Solicitor’ entry on the 33005 Cardiff 1. Alternatively, to invite those wishing to become at the rate prevailing from time website. This enhanced FREE please call 029 20 345531 or new members to join the Society. to time for Assistant Solicitors ‘advertising’ is accessed by a e-mail: [email protected] ‘MORE’ button and can include Still debating whether to join, or renew Even More Reasons to Join/ additional marketing details, Renewal of Membership your membership, then read on! Renew Your Membership such as website address, quality If you are already a member and If frozen subscription rates and standards, panel memberships, wish to renew your membership A Local Law Society for bargain deals alone are not enough specialist services and a general of the Cardiff & District Law Today at Yesterday’s Prices to tempt you to join or renew your introduction to the practice. Society, please ensure that your No, unfortunately the January sales membership, maybe the following will: written request for MEMBERSHIP have not arrived early. However, the • CONTACT WITH THE LOCAL RENEWAL and CHEQUE (made subscription rates for membership • A GOLD CARD AND JUDICIARY! There is contact payable to ‘Cardiff & District of the Cardiff & District Law Society MEMBERSHIP DISCOUNTS! and liaison between the Law Society’) are forwarded to have been FROZEN for 2009. Members of the Cardiff & District local Courts and the Cardiff Jennifer Perry, Treasurer, Cardiff The subscription rates for 2009 Law Society receive a Gold & District Law Society. & District Law Society, c/o therefore remain as follows: Membership Card, which entitles Principality Building Society, PO them to benefits/discounts • WORKING COMMITTEES, Box 89 Queen St, Cardiff CFf10 • £85.00 for ordinary members from various organisations. WORKING FOR YOUR INTERESTS! 1UA or DX 144240 Cardiff 1. There are some 12 working • £65.00 for members not Details of organisations offering committees. These comprise And Finally having an office in the City of benefits/discounts to members Council members and co- Should you have any general Cardiff or having an office in the for 2009 will be available at www. opted members drawn from queries regarding membership City of Cardiff but not practising cardifflaw.org and in some editions the membership. This allows and/or membership benefits, or personally from that office of Legal News throughout the year. members to assist in forming are aware of any organisations policies and dealing with issues that may be interested in • £50.00 for Consultants and • CHEAPER CPD POINTS! that affect the profession. providing benefits to members, non-practising Solicitors Membership entitles members to please contact me at the 50 % discount on CPD courses • HAVE YOUR SAY! address shown below. More Bargains run by the Cardiff & District Law The Cardiff & District Law Not content with freezing subscription Society, discounts on CLT courses Society is the largest local Law May I take this opportunity of thanking rates for 2009, the Cardiff & held in Cardiff and 25% off Society in Wales, whose views all members for their continued District Law Society also offers courses run by the Confederation are heard in Chancery Lane. support and wish you a Happy the following subscription deals: of South Wales Law Societies. You could add your voice for Christmas and prosperous New Year. notice to be taken nationally. • Those individual members • FIXED FEE COUNSEL’S ADVICE! Tom Danter who pay their subscription Members can participate in the Remember, benefits are subject Membership Secretary by 31ST MARCH 2009 will ‘Counsel’s Fixed Fee Scheme’, to presentation of a valid Gold Cardiff & District Law Society be given a 10% DISCOUNT which enables members to Membership Card and only those Correspondence address: on subscription for 2009 receive advice from specialist individuals registered as members Dolmans, 17-21 Windsor Place counsel (at Temple Chambers on the database for Cardiff & Cardiff CF10 3DS • Where all the Partners in any (Cardiff), 9 Park Place, 30 Park District Law Society are entitled DX 33005 Cardiff 1 firm who practise personally Place and 33 Park Place) of to use the Gold Membership Card E-mail: [email protected] in the city of Cardiff become up to thirty minutes duration – So don’t delay, join today! Telephone: 029 20 345531
LEGAL NEWS WWW.CARDIFFLAW.ORG DECEMBER 2008 13 REGULATION PRACTICE STANDARDS UNIT - FRIEND, FOE OR PHONY? DUNCAN FINLYSON, ADMINISTRATOR, SAS
Formed in 2001, the Practice Accounts Rules, the Financial uplift to the cost of TTs and • Separate businesses Standards Unit (PSU) of the SRA Services Rules, money laundering then show these enhanced operated by the partners; has, in its lifetime, undertaken regulations and other regulations costs as a disbursement; almost 5,000 visits to solicitors’ and laws to which your practice • Issues in relation to immigration practices. Whilst the initial remit is subject, including, for example, • Procedures for conflict advice and whether the firm of the PSU was to be supportive discrimination legislation. They of interests checks; undertakes OISC checks before and to help improve standards in will seek information about who taking on unadmitted advisers; practice, it has to be borne in mind in your practice is responsible • Your procedures for the that this was a remit which was for complaints, who is the risks control of undertakings and the • Anti-discrimination rule set at a time when the Law Society manager, the money laundering safekeeping of documents; compliance, monitoring and (as then was) held the dual role reporting officer, the managing training and in particular whether of representing and regulating the partner and the person responsible • Recruitment, promotion and staff have been trained in and solicitors’ profession. Now that the for recruitment, to name but a few. appraisal procedures, whether are aware of the requirements; PSU falls under, and only under, the you have job descriptions for remit of the regulator, can it truly In particular, the visit will look at: every member of staff and the • Investment business be said to continue to exercise • The areas of work your keeping of CPD records; arrangements including the identity the same benign and supportive firm undertakes; of the compliance officer, whether functions which it used to? • Complaints handling processes, the firm undertakes incidental • Whether you undertake record of complaints over investment business and whether Is the PSU a supportive body there conditional fee work; the last 12 months and how the firm is on the FSA register; to help solicitors or just another these have been handled; form of investigation? Worse still, is • How your firm gets its work – • Compliance with rule 7 of the it masquerading as the former but e.g. whether there are any referral • Fee sharing and referral Code of Conduct on publicity; acting as the latter? The truth, as arrangements and if so, whether arrangements, how they operate, is so often the case, is probably a the procedures which govern how who they are with and whether they • Compliance with the requirements bit of each – and that in order to be these are regulated are in place; comply with the Code of Conduct; of the money laundering >> effective, it probably needs to be all of these to fit the circumstances. • The supervision and management arrangements What to expect during a visit that are in place for each So , if you have not already office, whether regular file experienced one, or if your memory reviews are undertaken and if of the last time has become so how often and by whom; a little hazy, are you likely to receive a PSU visit and, if so, • Whether you have an office what can you expect from one? manual, whether it is up to date and how its contents PSU have a staff of about 60 and are communicated to staff; currently undertake approximately 1,000 visits per year. Their choice • How incoming and outgoing post/ of which firms to visit is based faxes/emails are checked, whether generally upon risk assessment the firm has an email policy and and by considering trends within the whether staff are aware of it; profession and information received, although a number are selected on • The effectiveness of diary a purely random basis. Therefore, if systems including centralised you haven’t had a visit then, given the diaries and key date diaries; proportion of firms who have already had a visit to the (ever shrinking) • The arrangements you have number of firms in the marketplace, put in place for client care there is every chance that you will including looking at the contents receive one in the next two years. of your client care letter and information about costs; A typical PSU visit will last two days and it will look at your firm’s • Charging of telegraphic transfer compliance with the Solicitors (TT) costs – in particular making Code of Conduct, the Solicitors sure that you do not add an
14 DECEMBER 2008 WWW.CARDIFFLAW.ORG LEGAL NEWS FIRST LEGAL RECRUITMENT RECESSION... WHAT RECESSION? FIRST LEGAL RECRUITMENT SEES GREENSHOOTS OF PROPERTY RECOVERY IN WALES! work and turned to First Legal on both sides of the transaction. Recruitment for assistance. The Law Store has been looking We were delighted to help Mark for new premises for their who started his legal Career at property operation and expect the Bar in London, then Cardiff. to complete the lease of new One of our recently registered offices premises in Albany Road candidates, Mr David Evans (not Cardiff by the end of this year. the one with designer stubble) fitted the role perfectly, David Contact Victor Watson LL.B (Hons) recently finished working with RTL at First Legal Recruitment on 07885 Solicitors in Cardiff, and with no 60 70 80 or email me at victor. time for a rest in between, David [email protected] has hit the ground running in his new role with The Law Store. - STOP PRESS - Cardiff property solicitors, The even more important to maintain The Law Store utilises an absolutely FIRST LEGAL Law Store, contacted First Legal quality standards and rapid unique bespoke computerised case RECRUITMENT LAUNCH Recruitment recently seeking turnaround of instructions, & to management system designed at 6.30pm an experienced residential maintain the market edge in a by Mark over several years, (who 2nd February 2009 property lawyer to manage a more competitive marketplace. specialises in high volume housing THE LAW SOCIETY OFFICE, LEGAL NEWS WWW.CARDIFFLAW.ORG DECEMBER 2008 15 caseload despite the downturn association property work) and it CAPITOL TOWER. in property work experienced Law Store Principal, Mark Williams took David no time at all to learn by all property firms, - The Law (the one with the designer the operation of the software CONTACT US FOR Store being no exception. stubble) stressed his firm’s need system and instantly see the DETAILS AND INVITE Even in a downward market, it’s for an experienced lawyer in this advantages it brings to the clients
regulations and whether reviewing electronic data held lead to anything more onerous these rules is to be welcomed. appropriate staff have been – to check, for example, that than a recommendation that adequately trained; and finally client care letters and costs certain procedures be tightened or Yes, there will be cases where information is being provided documents altered. For example, firms are in breach of the rules • The accounts system, including and to see that files are being during May 2008 only 2% of those or even carrying on practice in a any software used, the nature progressed adequately and subject firms visited were formally referred fraudulent or criminal manner and it of the firm’s bank accounts, to monitoring and supervision to another SRA Unit for further or is right and proper that those firms housekeeping procedures, ongoing arrangements where necessary. more drastic action to be taken should be brought to account – by credit balances on client account, and throughout the whole of 2007 whatever means as are necessary. the payment to clients of interest, Following the visit, a report will be only 6.7% of those visits lead to So yes, for some the PSU should reconciliations and their frequency prepared and this will summarise a referral for regulatory action. rightly be regarded as a foe. and procedures for dealing any breaches which have been with unpresented cheques. identified and highlight areas where So, by way of conclusion; PSU Phony? Not really. PSU openly admit the firm ought to be taking steps – friend, foe or phony? For the that the result of an investigation In carrying out their inspection of to correct inadequacies or ramp vast majority of firms who are could be that disciplinary sanctions the practice the PSU adviser(s) up procedures. Where the firm simply doing the best they can will be applied. That their primary will want to meet with the firm’s is required to take specific steps in an ever more competitive and purpose remains supportive but managing and/or senior partner, then the matter will be kept under regulated market, the answer is can, where needed be regulatory, will want to talk to staff about review and a further visit may probably friend. The regulations is not a conflict provided, and this their awareness of the procedures be arranged after an appropriate are complex, but they are there is an important proviso, that the within the firm and the office length of time in order to check that for a reason – to protect the SRA remains fair, proportionate and manual (where relevant) and will remedial steps have been taken. public and to preserve public informed – not just at Chairman and also want to review a number confidence in the profession as senior management level but all the of client matters – either by It has to be said that the vast a whole – and any help firms can way down the hierarchy to the case viewing the physical file or by majority of inspections do not get to understand and implement workers and individual advisers.
LEGAL NEWS WWW.CARDIFFLAW.ORG DECEMBER 2008 15