North West Law Another Nail in the Coffin, May 2013 Another Brick in the Wall... News A cliched headline, but is this how the profession feels as more changes to legal aid, family work, New arrivals for Mills & Reeve crime, costs and more regulation offer further challenges to law firms? Julia Baskerville looks at Manchester page 6 the recently introduced LASPO and the consultation for crime contracts.... Glaisyers confirms split The recent demise of Cob- going to change. I believe a page 7 betts serves as stark re- lot of firms are sleepwalking minder that no is into this, hoping that the immune from the financial problem will go away. Freeth Cartwright sets up first ABS crisis. , with of- Inevitably we are going to fices in Manchester, find that there are a smaller unit in Manchester page 8 and Birmingham an- number of firms, doing nounced a revenue of larger amounts of work, and £45.2m in 2011/12, yet in that is across the whole of January 2013 the firm the profession, not just legal Slater Heelis appoints first legal went into administration. aid practitioners.” apprentice page 9 The economic climate is cre- The profession has warned ating severe difficulty for that the lack of legal aid will many, if not most law firms, result in many participants yet it is the attacks by the in cases being forced to rep- Features government that could have resent themselves in court, the most serious implica- which, in turn, will make tions for the profession and cases take longer and be- for the administration of jus- come far less efficient. Talking Heads tice. Richard Miller, head of legal aid for the Law Society com- “Have we stopped being a profession The 1st April saw the intro- mented “We have warned and become an industry?” page 14 duction of the LASPO Bill, government consistently which makes major changes that, as well as all the knock- to legal aid and the way in on costs, the social conse- which cases are funded. quences will be damaging Budgeting For Costs page 15 to the whole of society, not Legal aid for family law cases just the vulnerable who will has been almost completely take the worst hit of all.” taken away, only where Regulars there is proven domestic Ironically, on the same day abuse will an individual be that LASPO came into force, under and I’m sure we will He continued: “The ultimate able to apply for legal aid. the goverment replaced the see more mergers and ac- aim of the reforms, accord- News from Bridge Street page 4 Legal Services Commission quisitions over the coming ing to the government, is to In civil law, access to legal (LSC) with the Legal Aid months. Those firms which reduce car insurance premi- aid has been removed for Agency (LAA) and at a re- relied heavily upon referrals ums. But the likes of Direct Members Reward Card employment, immigration, ported cost of £9 million..... will struggle to maintain Line have already admitted housing and clinical negli- their businesses. The SRA that they will make no differ- see your latest offers... page 21 gence matters and in other The second part of LASPO have commented that they ence. What’s left is an attack matters a household income abolishes the recoverability are prepared for unstability on the economy at a time of over £32,000 will not be of success fees and associ- in the profession.” when the country can afford eligible for legal aid and ated costs in conditional fee it least. Management Matters page 22 households with an income agreements as well as a ban Another blow to firms is the of between £14,000 and on referral fees. For PI firms raising of the small claims “Where do David Cameron £32,000 will need to be the referral fee ban will take limit from £1000 to £5000. and Chris Grayling think this Monthly Competition means tested. its toll, as many rely upon The government claim that many people will be able to work referred from claims these reforms will reduce in- find new jobs? In pandering Win a luxury Afternoon Tea for 2 at 47 King So what does this mean for managment companies. surance premiums. to the wishes of the insur- Street West page 28 the legal aid practitioners? Such Amin, of Aequitas ance lobby, this government Mike Devlin, Head of the Legal, and President of Man- Martin Coyne, Managing will imperil many families Family Department at chester Law Society says “All Partner at Ralli, said he has and will only end up increas- Stephensons com- of the current changes will already had to make a fifth ing the welfare bill.” mented “ I see these have a dramatic effect upon of his 85-strong personal in- changes as being similar to a the the PI market. There has jury department redundant Martin believes that should neutron bomb. When the been a monumental shift in as he contends with a likely the government hike the bomb goes off it is silent, the way in which firms have 33% reduction in turnover small claims limit from but kills off everything in its worked for many years and because of the new portal £1000-£5000 most claimant, path. Suddenly firms will this has been compounded fees. “I am doing everything and defendant law firms will have their existence taken by the speed that the I can to sustain the business. close, forcing thousands of away. A lot of firms rely changes have been pushed A lot of other firms are in the support staff into unem- heavily upon publicly through. There is no doubt same boat.” funded work and all this is that some firms will go continued on page 5 Single issue £3.50, 12 month subscription £54.00 The Monthly Publication of the Manchester Law Society free to members

Manchester Law Society President’s Column 3 President’s Column This last month is a rare ways…some successfully, month on month has con- this column own an Apple month in the life of a Presi- some not so successfully. tinued to grow. product, if not several. I am dent … only one event; yet That evening, I was in the inclined to go further and it was an event which I was company of some very ex- The Forum gives COLPs and say that you used your very proud to host. perienced people and shar- COFAs the opportunity to Apple product today…in ing some of the challenges discuss issues that they face, fact I would even go as far as The Senior and Managing that we face gave me a anonymously if appropriate to say that at least a quarter Partner’s Dinner was held at sense of relief – a sense that and; a chance to find out of you used an Apple prod- the offices of Deloitte, to I wasn’t the only one who best practice methods to uct no more than 30 min- whom I am very grateful for constantly felt the everyday help them comply with their utes before picking up the the fine dining and drinks pressures of management. It roles and responsibilities. Messenger. laid on. became clear that regard- less of whether the leader The Forum is conducted That is quite something For those that accepted my was the head of a national under “Chatham House” when you take a moment to invitation, Michael Shaw, firm or a small entity, the Rules and as members of think about Apple and their former Managing Partner of challenges were still the the group have become to products. I am sure that Cobbetts was attending to same. That is why it was so familiarise themselves with some of you will have stud- give his take on specific interesting and easy to re- each other as well as the ob- ied Steve Jobs and it is solely questions from the audi- late to Michael; as he spoke ligations upon them, the de- down to this one man why used an analogy of a car. All Apple product? And lots of ence. The thoughts and of his times at Cobbetts be- bates have become more Apple is so successful today. cars do the same thing; they people have more than one comments from Michael fore retirement last Septem- practical and informative. get you from A to B. Yet lots (my household has five!) Yet generated lively debate but ber. Where there is a demand, a Jobs believed that compet- of people buy premium cars the prices are still expensive with “Chatham House”Rules It was truly a unique speaker will be arranged to ing with Dell, Compaq and like BMWs and Audis. Why? and Apple will not negotiate applying, I’m sorry to say evening for those that were give a short talk to cover any Gateway was a race to the Because of the feel it gives on price because they be- that no more can be said. able to attend and from the particular aspect of impor- bottom. They were only in- the owner…it’s emotional lieve in their product and feedback I received; it was tance. terested in selling cheap and has more value to that the value it offers. What I can say is from my ex- both a stimulating and en- computers and essentially, person. perience as a Managing joyable. If your COLP or COFA is look- those competitors had the What Apple has done very Partner, the position can be ing for some support, then I same product. When you are So Apple decided to make successfully is separate a very lonely place. As the A regular date in my diary is would strongly advise them selling computers of that ilk, premium products and con- value from cost. When any “Commander-in-Chief”, the the COLP and COFA Forum to get in touch with the there is very little to sepa- tinue to develop those prod- product or service competes future of my business and which takes place every cou- Manchester Law Society Of- rate them in the market- ucts. Jobs had a vision that on cost, it is a race to the the livelihoods of not only ple of months at the offices fice to ask about joining the place, other than price. in time, enough profit would bottom and potentially fatal. myself but also those I em- of Weightmans LLP, chaired Forum, which is completely be made to develop more When a product or service ploy rest in my hands. That is by Michelle Garlick and sup- free. Jobs felt that the way for- products and volume would can generate real tangible a very large burden to bear ported by her team in Regu- ward was to develop well drive down the price. value to a customer, price and I have come to realise lation. Whilst the turnout at Such’s Life made machines which starts to become less impor- that people cope with lead- the very first forum was im- I would be willing to bet that could be sold at a premium How interesting is it now tant (just like your BMW or ership in very different pressive, the numbers the majority of you reading price because of the value it that most people around Audi). the civilised world have an would offer. Jobs regularly continued on page 5 4 Manchester Law Society News News from Bridge Street CPD Programme As Chair of the Social and Interprofessional Committee, now is a good time to let you all have an update on what we have planned in the coming months. MONEY LAUNDERING REPORTING OFFICERS UPDATE Now that the dust has settled after our 4th Legal Awards, I firstly want to pass on my thanks again to Fran and her team for the time and effort they have put in, once again, to make the Legal · An overview of the current statutory and regulatory framework Awards the event of the year. · What is in the pipeline – 4th European Money Laundering Directive We have our next Professionals Dinner Club coming up at Neighbourhood on 13th May. These · An update on the latest case law events are always really well attended and we always manage to come up with a selection of the · Reporting obligations under the Proceeds of Crime Act 2002 latest restaraunts in the city centre for some great food and drink at very reasonable prices and · The latest Law Society Practice Note a great networking opportunity in informal surroundings. This may not reach you until too late · Setting up compliant systems in the day to join us there, but we aim to have our Dinner Clubs every couple of months, so please · Training obligations under the Money Laundering Regulations 2007. join us next time. DATE: Thursday 16th May 2013 Next up we are reviving our much missed Beer and Curry night. As there are no football cham- CPD: 3 CPD pionships this year to shamelessly hijack, Charlie Womersley will make a welcome return with his VENUE: JMW Solicitors LLP, 1 Byrom Place, Manchester, M3 3HG unmatched knowledge and with a curry thrown into the bargain. TIME: 1.30pm - Registration & Coffee 2.00pm - 5.00pm – Presentation COST: Member rate - £60.00 + VAT (£72.00) Plans are also afoot for us to jointly host a Race Night with our friends at Deloittes. The interpro- Non member rate - £80.00 + VAT (£96.00) fessional element of what we do is a key part of making sure that while we combine a little bit of SPEAKER: Bill Jones - Managing Partner of JMW Solicitors LLP and also Chief work with our social programme. That said, I know from personal experience that we lawyers Executive of ML Solutions 4U Ltd seem to manage to be more social than our counterparts from other professions and long may that continue. Bill Jones is a recognized leader in the law relating to anti- money laundering and terrorist financing. Over the years Bill We’ll then be into the summer months and will take a break until we are all back in September. I has helped law firms throughout the country in the setting up have to report that after much careful consideration we have decided reluctantly to take a break of compliant AML systems. He regularly lectures to MLROs and not have the Annual Charity Ball this year. When MLS first hosted the Charity Ball over 20 and provides on-line and face to face training sessions for law years ago, the autumn social calendar was nothing like it is now and it has become increasingly firms. As a member of the Law Society’s specialist AML Solicitors’Directory he regularly difficult to do it justice given the increasing demands on everyone’s time and pockets. provides advice and guidance to solicitors who approach him for help on money launder- ing issues. Bill is also the MLRO for JMW Solicitors LLP and as such he fully understands MLS will always be committed to supporting local charities and we have plans up our sleeves to the problems facing reporting officers. In 2011 Bill was the recipient of the coveted Man- do that in different ways. That being said we did raise nearly £5,000 for Francis House, our cho- chester Law Society’s Outstanding Achievement Award and he also won the North West sen charity, at the Manchester Legal Awards 2013. Business Desk’s Best Legal Adviser of the year.

To replace the Ball we are thinking of a Stand Up Comedy night with members being the stand PERSONAL INJURY CONFERENCE – 21ST MAY 2013 – up comedians!! I am sure you all know a comedian or two so watch this space for further details. Kindly sponsored by Eclipse Legal Systems - See the separate application form in the Messenger or email Michael Hardacre [email protected] for full Chair, Manchester Law Society Social & Interprofessional Committee details Pannone LLP MEDIATION-THE GOOD THE BAD AND THE UGLY- VIEWS FROM THE PERSPECTIVE OF MANCHESTER PROFESSIONALS DINNER CLUB THE MEDIATOR AND OF THE USER

th DATE: Monday, 13 May, 2013 THE KEY PLAYERS: Mark Mattison, Matthew Taylor (Eversheds LLP) TIME: 6.00 for 6.30 pm Wednesday 5th June 2013 VENUE: Neighbourhood, The Avenue North, Spinningfields, Manchester Tel: 0161 From 5.30pm – 7.30pm (registration from 5.00pm) 8326334. For nearest car park visit http://goo.gl/ZpKj5 Venue – Eversheds LLP, Eversheds House, 70 Great Bridgewater Street, Manchester, M1 COST: £40.00 + vat @ 20% per ticket – including a welcome drink, three course 5ES meal, coffee and a half bottle of wine (total £48.00) Cost - £15 members / £20 non-members of Manchester Law Society/CIarb NW branch We are delighted to announce that Neighbourhood is our next venue for the Manchester Pro- fessionals Dinner Club. A New York eatery and bar inspired by Manhattan’s definitive neigh- bourhoods they have honed their unique take on casual fine dining, luxury ingredients and MANAGING YOUR STARS, STEADIES & SLACKERS industrial chic aesthetics. Based in the heart of Spinningfields they present a Manhattan exe- cution of international cuisine and Neighbourhood’s flavours and ingredients are determined Managing a successful team can bring many re- by the borough’s diverse gastronomic experience and distinct European flourish. One not to wards; however managing the stars, steadies and miss!! This is an informal inter professional social networking event and we hope that this will slackers who sit within your teams can be fraught be an opportunity for: with difficulty if you take your eye off the ball. In this seminar, Mike Ode of Potential Unearthed tack- -You to mix and network for both business and social purposes les how to manage these people head on. Mike will introduce you to practical methods -Provide a social platform to build professional networks and techniques that will ensure you maximise the potential of your stars, steadies and -Get to know other business practitioners facing the same issues in practice and discuss matters slackers. relevant to your business with likeminded people -Meet people from other professions and practices, which may result in cross referral of work During the seminar you will -Enjoy a superb menu and have a fantastic evening with old and new friends! • Understand some of the common reasons why people are stars, steadies Appetizers The following appetizers will be served family style to share at the table. and slackers within your Firm Grilled Cheese Dumplings & Vine Tomato Soup (V) Lobster Tacos • Understand how motivation, morale and engaging team members can Beer battered lobster, soft flour tortilla, red cabbage slaw & sweet pepper ketchup improve performance Chicken Lollipops Buttermilk coated chicken wings, coriander & lime dip • Understand when recognition and reward for improved performance Entrées are appropriate 12oz Flat Iron Steak with Neighbourhood Skinny Fries & Sauces - Pepper - Hollandaise – Chimichurri • Become familiar with a range of practical strategies for dealing with high Mushroom Rigatoni (v) achievers, consistent performers and under performers Wild Boar Ragu Slowly braised tomato & boar sauce, troffiette pasta & pecorino cheese Flaked Beef Short Rib Ravioli Vine tomato sauce & ricotta salatta A bit about Mike - Mike Ode, joint owner and Director of Potential Unearthed, is a pas- Pot Roast Chicken Thighs sionate and highly talented Learning and Development specialist who has over 15 years with Champ Potato & Vegetables experience of working in both Public and Private sectors, training Law Firms, School White wine, rosemary & chilli sauce, with toasted sour dough & rosemary Heads, Occupational Health Consultants and Local Government Professionals to name Dessert but a few. Blueberry & Apple Crumble Milk ice cream, thyme sugar, granola crumb Mike’s career to date has seen him hold a variety of developmental roles including L&D Chocolate & Coffee Sandwich Consultant at Capita, the position of L&D Manager with a national Retail organisation and Chocolate cookies, espresso & banana more recently at Weightmans LLP. Bucket of Biscuits Selection of homemade cookies Half bottle of wine or soft drinks to the equivalent per person Wednesday 19th June 2013 CPD: 1.5 Venue TBC To make a booking please contact Mrs. Victoria Halliwell, Manchester Law Society, 64 Bridge Registration & Breakfast 7.30am - Seminar 8.00am - 9.30am Street, Manchester, M3 3BN. DX 14378 Manchester 1. Tel: 0161 831 7337 or e-mail Member rate £20.00 + VAT (£24.00) Non Member rate £40.00 + VAT (£48.00) [email protected] Manchester Law Society News 5

Continued from front cover.. ployment. Martin has been that will be available. In possible we will try to Regulatory Affairs collecting signatures for a Greater Manchester there achieve an orderly wind- petition which is due to be are currently around 70-80 down. presented to 10 Downing firms doing crime work and Street. this will be reduced to 37 “The current economic cli- Committee Update and these contracts will be mate and a rapidly changing And the bad news doesn’t worth just under £1m. legal services market means For those of you who very little difference. The end here. that some firms are finding bought the paper version SRA’s response is that at the “For large firms such as ours themselves facing difficul- very least, it means that firms of the SRA Handbook, you At the beginning of March, this will mean a two-thirds ties. The SRA has dedicated can record the information may have a number of Chris Grayling re-introduced reduction in work and this expertise for the situation books being used as door in whatever way they wish the spectre of price compet- will be compounded by a and we are working proac- stops by now! We are now and there will be no require- itive tendering for criminal 20% reduction in fees. Yet in tively to identify those firms on the 7th version, the lat- ment to record and report defence services. This was the Thames Valley, the num- most at risk.” est covering the changes non-material breaches in a initially aired in 2008, but ber of firms will reduce from to Chapters 6 and 9 in rela- standard format which may campaigning by criminal 50 to just 4, but each with a “However, firms must come tion to prohibited referrals not suit many firms. practitioners and the Law budget of £4m - where is forward and ask for help as in PI (see the April edition Society forced the govern- the sense in that? It is a com- soon as possible. They for more detail) and the re- The change requires an pletely ridiculous scheme should already be talking to amendment to the Hand- ment to shelve the idea. An moval of certain rules in which puts a huge financial us via Supervision and, if book so the SRA will be con- 8 week consultation began the first phase of the SRA’s pressure on us to encourage not, should contact us im- Red Tape initiative. sulting on the proposed in April and the tender will our clients to plead guilty.” mediately. Sadly, some firms changes (they said in April so be open for contracts in the of financial stability risk and refuse to acknowledge that As part of the SRA’s attempt it may have been issued by Autumn. it has RAG rated the top 600 A financial stability presen- they are in financial trouble to remove red tape, the main the time this edition is pub- firms based on 3 key indica- tation was made to the SRA until it is too late." news since my last update is lished) with a view to the Again, how many firms who tors where warning signs Board in March to highlight the announcement by Sa- changes coming into effect practise criminal law will dis- should start to be ringing. the emerging issues. It was If firms are in difficulty they mantha Barrass at the Law in October. appear from the profession, The extent of SRA supervi- reported that eight firms can contact Fran Eccles- Society’s Risk and Compli- how many small firms will sion will be determined by were in intensive supervi- Bech at Manchester Law So- ance Conference on 15 Manchester Law Society will close and how many mem- the RAG test. I would bers of staff will join the un- sion where intervention was ciety for an informal chat March of the SRA’s intention consider the need for a re- strongly urge you to read the to remove the requirement sponse to the consultation employed? highly probable, and a fur- who will be able to advise speech, particularly the ex- ther 48 where intervention where help and assistance for COLPs and COFAs to re- so if you have any views, amples of what she called port non-material breaches. please do get in touch Franklin Sinclair of Tuckers, a was possible may be available. Such Amin “the good, the bad and the firm specialising in crime adds “Firms should be re- She confirmed that the re- (michelle.garlick@weight- ugly” in practices, and stress quirement was not popular mans.com) says that the proposed SRA Executive Director Sa- minded that if they fear the test your firm’s financial posi- scheme “is beyond compre- mantha Barrass said: ”Inter- worst they are obligated to with firms as it was consid- tion against the SRA’s key in- ered to be a burden that was COLP and COFA alerts are hension and totally flawed.” vention is always a last notify the SRA. “ dicators. Take external He continues “one of the resort where financial insta- not proportionate to risks. also being promised, as is a advice if necessary. dedicated section of the obvious concerns is the lack bility issues arise. We will try A summary of the consul- There is, however, still a need website for compliance offi- of choice for the client and is to work with a firm where tation “Transforming Finally, dates for the just playing lip service to we can to look at ways in Legal Aid “ is on page 19. to record all breaches (in- cers, so keep an eye out for COLP/COFA Forum have cluding non-material ones) these on the SRA’s website. quality. Of equal concern is which a business can get now been set for the year the number of contracts back on track. If this is not in order to be able to form a and are as follows: view of whether there is a For any of you who have not pattern of behaviour which seen Samantha Barrass’s 28 May makes it material which speech at the Conference 30 July needs reporting, in her (http://www.sra.org.uk/sra/n 26 September words, “immediately” (albeit ews/speech-barrass-compli- 27 November that the Authorisation Rules ance-march-2013.page), require a report to be made her key focus was on finan- All are held at Weightmans’ “as soon as reasonably prac- cial stability. Already this offices at 3 Piccadilly Place ticable”). Also, unless there is year, there have been 11 in- and start at 8.30 (usually fin- a change in the legislation, terventions at a cost of over ished by 10am) any COLPs/COFAs within £1.8 million so the budget ABSs will have to continue to for the year has already been Any COLP/COFA interested record and report non-mate- exceeded. She set out a in attending should contact rial breaches as it is a re- number of what she called Fran Eccles-Bech. There is quirement of the Legal “toxic” factors combining to also a Linkedin Group “Man- Services Act that they do so. cause a perfect storm but chester Law Society COLP success or failure of a firm in and COFA Group” for those A number of people I have her view boils down to interested in joining. spoken to have expressed strategic decisions made at the view that the fact that the top, how well the firm is Michelle Garlick there is still a need to record run and its financial manage- Manchester Law Society non-material breaches ment. She announced that Regulatory Affairs Com- means that there is very little the SRA would be focussing mittee time saved for COLPs/COFAs its resources on those firms Weightmans LLP and so the change will make that are high impact in terms

President’s Column them and have simply lost appreciate the value that is that client because in the being offered for the success end, all you could talk about fee and soon, the cost of the Parts of the legal profession was price? success fee becomes justi- have been moving towards fied and acceptable. commoditisation. Con- In my market, personal in- veyancing and wills are two jury, we are now forced to If firms don’t begin to grasp good examples. Firms have recover success fees from this concept of separating found themselves having to our client. Consumers are value from cost, they will compete on price because very savvy and always look- have no choice but to com- there will always be a com- ing for a bargain. Indeed, we pete on cost, which is a race petitor that will do it have already found poten- to the bottom. Some firms cheaper – however, do your tial clients looking for will survive on this model competitors provide the cheaper success fees at but I predict most won’t. value or benefits that your other firms. However, we firm offers? If not, then why provide a whole list of value Such Amin compete on price. If that is added benefits that justify President what is important to the the success fees that we customer then let them go charge and take the time to … or is it that your firm has explain this right at the start failed to explain the real of the relationship. Very value and benefits of using quickly, consumers start to 6 Movers & Shakers - send your news to [email protected] New arrivals for Mills & Reeve Slater Heelis appoints new Marketing Manchester Manager Former Manchester United National law firm Mills & cial litigation. Emma will be Foundation Marketing Reeve’s growing Manches- working alongside Adrian Manager joins Trafford law ter office has announced and the rest of the team in firm two more appointments, advising insurers and a who arrive hard on the range of professionals on Sale based full service law heels of recruitment at the claims. firm Slater Heelis LLP has ap- end of last year. pointed Claire Palmer as its Niall Innes, insurance part- new Marketing Manager to Bringing the headcount at ner at Mills & Reeve’s Man- support the company’s ongo- the New York Street practice chester office, said: ing expansion and growth. to 31, the new starters con- “Insurance is a key service tinue Mills & Reeve’s ever- area for us and, with ever Claire, formerly of full service expanding operations in greater demand from a marketing agency Avenue Manchester, where the firm wide range of clients across Graphic Design Ltd and the is about to celebrate its fifth the North West; we are de- Manchester United Founda- anniversary in the city. termined to strengthen our Emma McDonald tion, will be responsible for a offer with the best solicitors wide range of marketing communications including Adrian Kwintner joins the in the field. Adrian and advertising, website develop- insurance team after nearly Emma are strong additions ment, social media and three years working in pro- to our Manchester team. events. fessional indemnity at Mills & Reeve’s office in Norwich. “Their arrival at New York Speaking about her plans for He specialises in advising in- Street further underlines the company, Claire said, surers and professional pol- our drive to achieve the “Slater Heelis is a hugely well icy holders, such as firm’s 2015 Vision, which in- respected name in the region surveyors and solicitors, in cludes recruiting talented and I’m really looking forward claims brought against individuals and equipping to working with every mem- them. Before joining Mills & them with the knowledge, ber of the team to ensure we Claire Palmer Reeve, Adrian worked as a skills and expertise to de- create real stand out for our developments in the next few cessful commercial organisa- journalist for several years liver outstanding service.” services and people. We’re years. Claire’s extensive mar- tions. She spent three years before completing his law working on some really excit- ing and innovative projects keting and commercial ex- as Marketing and Communi- studies and training in Lon- A full service law firm with Adrian Kwintner pertise is just what we need cations Manager at the Man- don. nationally renowned ex- and marketing will play a key role in amplifying them.” to help drive Slater Heelis for- chester United Foundation, pertise in the education, ward across all our service creating and delivering their The insurance group has health, private wealth and Mike Fox, Managing Partner areas.” business and consumer mar- also appointed Emma insurance sectors, Mills & at Slater Heelis, said: “Claire is keting strategies. She has McDonald who arrives from Reeve has six offices across joining us at a very exciting Formerly Co-owner and Mar- also worked as Relationship Eversheds, Manchester, the UK. time. We now have the largest keting Director of Avenue Marketing Manager for Man- where she was in commer- Family team in South Man- Graphic Design Ltd, Claire has chester United and for com- chester and have plans un- worked within some of the panies including GE Money derway for a number of major UK’s largest and most suc- and Abbey National. Key appointment strengthens Brabners Chaffe Street corporate team Leading North West law City. He has extensive expe- pointment reflects our com- firm Brabners Chaffe Street rience of running local and mitment to continuing to has strengthened its corpo- cross border transactions and grow our team and expand rate law expertise with the specialist expertise in advis- our offering to clients.” appointment of Andrew ing on mergers and acquisi- Millar as a Partner in Man- tions, public company Andrew commented: "I am chester. takeovers, equity capital mar- delighted to be joining Brab- kets transactions and corpo- ners Chaffe Street at an excit- A skilled corporate finance rate governance. ing time for the firm, and I lawyer with over 16 years ex- look forward to helping the perience, Andrew joins the Mark Brandwood, Managing Corporate team enhance its firm from Squire Sanders, Partner at Brabners Chaffe reputation as one of the pre- where he was a Partner, and Street, said: “Andrew will eminent business-led North previously practiced at an in- bring a wealth of experience West focussed practices." ternational law firm in the to our corporate team. His ap-

Mark Brandwood and Andrew Millar BARRY FRIESLANDER MCIArb P: 08448 777 888 Certified Mediator M: 07973 394 803 Complex business & matrimonial disputes resolved E: [email protected] W: www.dispute-resolve.co.uk Barry holds Certified Elite Mediator status, compliant with the UK Ministry of Justice, EU & UK Civil Mediation Council Mediator Database and is accredited by the ADR Group. Clarke Wilmott LLP grows Glaisyers confirms split Manchester Employment Team Manchester law firm, Glaisyers Solicitors, has National law firm Clarke employment for Manchester confirmed it has sepa- Willmott LLP has strength- and Birmingham, said: “We rated its current practice ened its employment law are really committed to in- into two separate law team in its growing Man- vesting in our teams and firms. chester office, adding a bringing in a Senior Associ- new 10 year qualified Se- ate of Emma’s calibre Glaisyers Solicitors will con- nior Associate to its team. demonstrates our commit- tinue to be a full-service law ment to quality and growth firm and focus on the pri- Emma Hamnett, joins the and further strengthens an vate-funded and commer- firm after five years at DLA already highly rated employ- cial services. Its existing Piper in Manchester having ment practice. It’s great to legal services work will no trained and practiced in the have her on board.” longer be offered and the City before then. Emma’s relevant partners have now practice encompasses the Clarke Willmott has just left the firm to establish entire spectrum of employ- moved its Manchester oper- WTB Law in Longsight. ment work, including advis- ation into bigger premises in Nick Johnson ing on complex and high the heart of the city centre’s Nick Johnson, partner at value employment litigation financial district. Emma Hamnett Glaisyers Solicitors, ex- strong and sustainable and tunity for Glaisyers; we are both in the Employment Tri- plained: “Our Manchester each would have its own now in a great place to grow bunal and High Court, exec- The office has grown and Longsight offices had focus. our Manchester business utive terminations, strongly in the three years ham, Bristol, , Man- been effectively operating further and really focus on contractual disputes, re- since the firm first opened in chester, Southampton and independently for a while “Glaisyers will continue to providing the best service structures and redundancy the city and has recently Taunton. be client focussed and oper- possible to our clients.” exercises, restrictive opened a new office is at so it made sense to for- malise this in line with Solic- ate efficiently, effectively covenants, protecting confi- Spring Gardens, a short walk It delivers a wide range of itors Regulation Authority’s and dynamically in the legal Glaisyers Solicitors will now dential information and from Victoria and Piccadilly legal services for businesses marketplace. Its commit- have approximately 50 staff complex employee relations train stations, giving the firm and private clients, including ‘outcome focus regulations’. ment to its clients and val- with 10 partners. It will re- issues. the scope to accommodate corporate and commercial, planned further expansion intellectual property, em- “The decision was taken ues would remain main a limited liability part- Emma has particular experi- in the coming months. ployment and HR consul- mutually and in the best fu- unchanged. nership (LLP) and will ence advising clients in the tancy, property, planning, ture interest of both firms. celebrate its 40th birthday media, financial and Clarke Willmott has six of- construction, dispute resolu- Both distinct firms would be “It’s a really exciting oppor- next year. telecommunications sectors. fices nationally and more tion, insolvency and debt re- than 70 partners. Altogether covery. Lindsey Bell, Clarke Will- it employs over 450 staff mott’s partner and head of across its offices in Birming- Pannone strengthen clinical negligence team Clyde & Co expands UK property Pannone has strength- loss of livelihood and fatal- Commenting on her ap- ened its already formida- ity, she qualified in 1990 and pointment at Pannone, the insurance team with partner hire ble Clinical Negligence is recognised as a leading firm’s Head of Injury and Team with the announce- practitioner in her field. Negligence, Richard Scorer Clyde & Co is pleased to age liability and subroga- care and professional prac- ment that Claire Horton said, “To have someone with announce that Peter tion claims. tices.” has joined them as a Part- A member of the Law Soci- the reputation and status of Unsworth has joined the ner from fellow Manches- ety Clinical Negligence Claire Horton join us is a firm as a partner. Clyde & Co senior partner Peter Unsworth said: “Clyde ter law firm John Panel and the AvMA (Action major coup. She brings with elect James Burns said: & Co is the preeminent in- Pickering and Partners, against Medical Accidents) her a wealth of experience Peter joins Clyde & Co from “Peter brings with him ex- surance firm in the UK and where she was Head of Specialist Clinical Panel, Ms and professional expertise Keoghs where he was a tensive expertise in the continues to invest in its Clinical Negligence. Horton is also a designated and most importantly, she partner, co-head of the property insurance field, national network. The prop- Senior Litigator with the As- strengthens the service of- Commercial Litigation team complementing our exist- erty and liability team at A specialist in complex sociation of Personal Injury fering we provide for clients and Director of First Party ing, top-rated team in Lon- Clyde & Co remains the mar- cases involving catastrophic Lawyers and a Manchester in the clinical negligence Fraud. A market-leading don and enabling us to ket leader and it will be a injury, including child cases University trained counsel- sector.” senior property insurance develop a strong national pleasure to work with col- relating to birth injury as lor. specialist, Peter handles practice in this area. Man- leagues of this quality. This well as adult cases involving complex property damage chester is a vital part of our will provide another key claims, including substantial UK offering, with over 300 business line for Clyde’s re- fires, water escapes, subsi- lawyers and staff. The team gional offering in Manches- dence, and construction has a great reputation for ter and I am confident will and engineering disputes. its work on high-value, com- enable us to develop new He is renowned for policy plex insurance claims client relationships as well coverage and property across numerous lines, in- as to deepen existing ones.” fraud work, property dam- cluding casualty and health- The deadline for the June edition of The Messenger is 16th May. Please send your news to [email protected] 8 Movers & Shakers - send your news to [email protected] Freeth Cartwright sets up first ABS Three more solicitors qualify at unit in Manchester Roberts Jackson Solicitors Freeth Cartwright is the Pamila Muzaffar, Adam Far- Negligence case for the sum pleased that I have qualified first law firm in Manchester rell and winner of the of £200k whilst Pamila is on in Industrial Disease and my to set up a dedicated de- Trainee of the Year her way to becoming a top journey as a Trainee Solicitor partment that advises at the Manchester Legal solicitor heading up the Back at Roberts Jackson Solicitors other solicitors about Al- Awards, Leila Bridgett, have and Repetitive Strain Injuries has been very rewarding” ternative Business Struc- successfully completed team, whilst speaking three tures (ABS) and exit their training contracts. The languages making her level of Leila Bridgett has recently strategies for partners. newly qualified solicitors client care, second to none. won the Trainee of the Year at have been with the firm the Manchester Legal Awards Legal services in England and since 2009 and on top of Adam has said “It has been a and qualified as solicitor Wales changed radically with their training contracts, long time coming but it feels within just days of each other. the introduction of alterna- have managed to con- fantastic to have finally made Commenting on her success tive business structures (ABS) tribute massively to the it onto the Roll. I would to say Leila has said “To have won a year ago. Ownership of growth and development of a big thank you to Roberts my award at the Manchester legal services providers, the firm. Jackson for believing in me Legal Awards and to have which was previously re- and allowing me to undergo qualified in the same week All three are Team Leaders my with the was overwhelming. I would stricted to lawyers, is now within the practice and regu- firm. It has been a great expe- like to thank my colleagues open to anyone deemed “fit larly conduct internal training rience’. for all their support and most or proper”. This means law sessions for other members of importantly Roberts Jackson firms are going into business staff. Adam has just recently Pamila has commented with for giving me this opportu- with accountants, private eq- settled a benchmark Clinical the following “I am very nity.” uity firms – and even super- markets. Christine Oxenburgh The Solicitors Regulation front of change in the legal We’re perfectly placed to ad- Authority (SRA) has so far is- sector: “Manchester has vise solicitors thanks to our sued 85 licences, with a fur- more law firms than any track record of advising part- ther 134 stage two other city outside London ners from other law firms on applications in the system. Of and it is here that we will see such activity as partnership these, 48 are complete and the most activity. Partners at agreements and disputes.” so now into the formal deci- law firms are looking for op- sion stage, with 86 incom- portunities to develop in the “ABSs are creating new ca- plete and still subject to post ABS landscape. And non reer opportunities for solici- enquiries. Manchester-based lawyers are setting up their tors and new businesses. The Co-operative Legal Services own ABSs too. process to become an ABS is was one of the first organisa- currently rather long-winded tions to be granted an ABS li- “I predict there will be more and registrations are taking cence. administrations, more merg- too long. The SRA is making Christine Oxenburgh, part- ers and more ABSs and multi- refinements to the registra- ner at Freeth Cartwright, said disciplinary practices set up tion process which should Manchester is at the fore- from Manchester than any- speed things up.” where else in the country. Leila Bridgett, Adam Farrell & Pamila Muzaffar Andy hits right note with music deals Manchester’s leading music for his services to the music lawyer has had a busy six industry. months, signing deals for North West artists, includ- Andy also advised Manches- ing legendary guitarist ter band on the re- Johnny Marr. lease of their sixth studio “Let It All In”, which in- Andy Booth, commercial part- volved negotiating licensing ner at boutique business law deals across UK, Europe, Aus- firm Turner Parkinson, acted tralia and Japan. for the former Smiths guitarist on the worldwide distribution Andy, whose clients also in- rights with Warners for his top clude Stone Roses frontman 10 album “The Messenger”. Ian Brown and New Order, tribution and marketing oper- said: “These deals amplify the ations of traditional record Long-standing client Marr new music business model of companies, rather than being was awarded the “Godlike Ge- established artists making exclusively tied to them for nius” accolade at this year’s their own records, on their long periods on restrictive NME Awards back in February own terms, and using the dis- terms.” the Messenger Local News 9

Brabners Chaffe Street advises Restore How to Attract New Clients and Win on File and Data acquisition more New Business Leading North West law crease by over 300% during firm Brabners Chaffe that period. It was at a Manchester Law would ensure that his involve- Street has advised Restore Society Firms Forum event ment was at least cost neutral plc on the acquisition of Speaking about the deal, last Summer that Shefali to the business. File and Data Storage David Bowcock said: “The Talukdar, Managing Partner Limited, a subsidiary of acquisition of File and Data of Bury firm Clough & Willis, After in depth interviews with UK wide office services complements Restore’s re- first met Alistair Marshall, a key personnel and imple- group OfficeTeam, for an cent purchase of Manches- specialist in Professional menting a staff survey for initial £6.1 million and a ter-based Archive Solutions, Business Development. both fee earners and support placing by Restore to raise also a provider of document staff, a comprehensive plan up to £7 million. management services, and Like many management involving dozens of measura- continues the growth of teams of small and medium ble action points was intro- File and Data is a provider of their market share.” sized practices, Shefali and duced. Regular visits over 6 document management fellow partner Tim Gray had months has seen significant Charles Skinner, Chief Exec- grown increasingly frustrated improvement in motivation services, with five archive by the flow of work from tra- and employee engagement storage facilities across the utive of Restore plc, said: ditional channels being in in- start reaping rewards. Follow- UK including one in Hey- "Restore has been active in creasingly short supply. Not ing appraisals to outline for- wood, Lancashire. consolidating the UK only that, but they were in- ward objectives, a change in records management mar- vestigating significant attitude and behaviours has Restore plc is an AIM-listed ket since 2010 to become amounts of resource, both in lead to an increase of Busi- support services company what we believe is now the time and cash, without seeing ness Development activity with a primary focus on de- second largest provider of the return on investment they and last month saw the high- veloping and expanding records management serv- had hoped for. There was est number of new client in- alike have been empowered about practical change. His services to offices. It has ices in the UK.File & Data has something in the no-non- structions in over a year. to convey the ‘differential’ to insight and support has been four divisions: records man- a strong national presence sense presentation surround- potential new clients and this invaluable to me.” agement; office removals; and some excellent cus- ing ‘How to Attract New The measurable results enables the firm to maximise secure shredding and recy- tomer relationships and its Clients and Win more New gained are raised activity lev- results from networking and AMC develop detailed firm cling; and document scan- acquisition will further en- Business’ that made them re- els focused on building rela- be able to better cross sell its wide business plans to help ning. hance our platform for alise it was time for a fresh ap- tionships with potential services to existing clients via achieve growth goals. They growth." proach. clients and intermediaries, accurate database manage- help, support and train solici- David Bowcock, Corporate the conversion of those op- ment. tors and in house marketing Partner at Brabners Chaffe The legal team at Brabners Following a short meeting to portunities, as target clients staff to successfully execute Street, has advised Restore Chaffe Street also included decide on how the two par- and partners better under- Shefali describes the experi- those plans. It’s about practi- plc on its rapid develop- Banking Partner, Charlotte ties might best work together, stand the expertise and capa- ence “ Alistair makes a real, cal help to achieve goals, not Round, Corporate Associ- it was agreed that Alistair bilities of Clough & Willis as a practical difference. We just to envision them. A new ment over the last three should undertake a thorough firm and improved client sat- wanted a consultant who 286 page book entitled ‘The years advising on 12 acqui- ates, Mark Morrell, Natalie review over 2 or 3 days, of the isfaction. Best practice in mar- would ‘get his hands dirty’ Complete Business Develop- sitions, 6 placings and 3 re- Paddock and William Ngan, existing marketing and busi- keting the firm both on and and not just sit in front of us ment Guide for Law Firms’will bankings which have seen and Property Associate, ness development budgets offline via an increased num- and give us the theory. He has be available in the Summer. Restore’s share price in- Matthew O’Brien. and processes. His first task ber of routes to market is now helped us implement the nec- was to find savings that in place. Partners and staff essary measures to bring 10 Movers & Shakers - send your news to [email protected] the Messenger Will Your Divorce Travel Well? Divorce and the International Family In a rapidly changing land- The event’s, key note speaker, scape of international mar- High Court Judge The Ho- riages and increased nourable Mr Justice Mostyn, cross-border freedom of one of the UK’s foremost fam- movement, the Leeds office ily law judges, delivered con- of national law firm Mills & cluding notes on the event Reeve co-hosted a unique and commented on the seminar for lawyers on how evening’s ‘most interesting divorce laws differ from seminar.’ country to country. Also speaking at the event at Entitled ‘The Europeanisation BPP’s Leeds study centre on of family law’, the seminar Whitehall Quay was family featured some of Europe’s law experts Dr Alfred Kriegler foremost family law special- of Austria, President of the ists discussing the growth of European Chapter of the the ‘international family’ and IAML, Rachael Kelsey from how differences in national Scotland, Alberto Perez laws can affect divorce settle- Cedillo of Spain and Isabelle ments. Rein-Lescastereyres from France. Co-hosted by the Interna- (from left to right): Alberto Perez Cedillo (Spain), Philip Way (M&R England), The Honourable Mr Justice Mostyn, Isabelle tional Academy of Matrimo- As well as explaining the de- Rein-Lescastereyres (France), Dr Alfred Kriegler (Austria) and David Salter (M&R England). nial Lawyers (IAML) and tails of different continental professional development matrimonial property Following the event, atten- Reeve and Immediate Past- munity grows, couples may Lawyers must understand the specialists BPP, the event regimes and the day-to-day dees commented that it was President of IAML, said: “We not necessarily know that the differences between the helped to raise awareness of impact of international family “a fascinating presentation understand that a relation- legal process in countries dif- countries in order to best in- the problems that can arise law, the event explored how from some very eminent family ship breakdown can be diffi- fers, often significantly and form their clients. This event from a marriage breakdown English law is influenced by lawyers” and “the content was cult enough without being that this could affect their di- was a shining example of between couples who have these regimes. Other topics interesting and the speakers ill-prepared for the individual vorce settlement. lawyers coming together to connections to more than included the drafting of inter- engaging”. legal complexities of the share best practice and we one country or who have em- national pre-marital agree- country you’re in or that you “That’s why it is crucial that hope it was valuable to all at- igrated as a work or lifestyle ments and a look ahead at David Salter, Joint National or your spouse is connected their legal support is properly tendees.” choice. emerging trends in this area. Head of Family Law at Mills & to. As the international com- equipped to advise them. Slater Heelis appoints first legal apprentice

18-year old April Long knowledge alongside wider the many applications they opts for hands on route to business skills. received to start my career law career over university here.” course Chris Partington, Head of Private Client at Slater The number of 18-year-olds Sale based law firm Slater Heelis, says: “ The new Legal heading to university fell by Heelis LLP has appointed Apprenticeship pathway is a 57,000 in the autumn of April Long, 18, from Urm- real alternative to university 2012, a trend that looks set ston as its first ever Legal education for people who to continue, as apprentice- Apprentice. want to pursue a legal ca- ships become a cheaper reer. We know that many and more practical alterna- Former Loreto Grammar young people are deterred tive to a degree. A recent School pupil April is one of from choosing a law degree, Skills for Justice (SFJ) survey the UK’s first Legal Appren- both because of the cost of of law firms also found that tices, a scheme launched completing the course and 83% of law firms said they this year that allows young the additional cost and time would be interested in ap- people to start work in a law after graduating to find a prentices. The Legal Ap- firm direct from school with job within a law firm. The prenticeship also allows GCSE or A-Level qualifica- Apprenticeship option is a junior members of staff to tions. very flexible and financially upskill and will give non- less constricting route that legally qualified staff an op- The Legal Apprenticeship they can now take and it portunity to progress their pathway starts at legal ad- means that they get to un- career. ministrator level, which is derstand from day one how where April will start, and a real law practice works With origins dating back to extends right up to the new and there simply is no bet- 1773, Slater Heelis LLP now undergraduate level Higher ter way to learn than that.” employs over 70 people L to R: Mike Fox (Managing Partner, Slater Heelis LLP), April Young, Chris Partington (Head of Private Apprenticeship in Legal Ser- who offer in-depth legal ex- Client, Slater Heelis LLP) vices. After the Higher Ap- April says: “Since I started pertise to commercial and prenticeship, progression to my A levels I’ve been really private clients across the Chartered interested in pursuing a fields of employment, prop- and solicitor is possible. legal career but I was con- erty, corporate and com- April will be trained across a cerned about how the costs mercial, litigation, family, range of legal specialisms, would mount up while I was conveyancing and wills and from Family and Private at university. When I found trusts. Slater Heelis LLP Client to Commercial and out about the Legal Ap- works with a diverse client Employment, as she works prentice programme it base that ranges from with the Slater Heelis team. sounded like an ideal way to sports personalities and en- She will also receive further train for my dream job and trepreneurs, to national training from specialist legal to be able to work with such PLC’s, local government and apprenticeship provider a well-known firm like Slater not-for profit organisations. Damar Training to develop Heelis. I feel incredibly lucky technical and practical legal to have been chosen out of US Fusion-io swoops for ID7 and SCST The Corporate Group at software development for boutique business law firm the ION Data Accelerator Turner Parkinson has ad- software that transforms in- vised on the sale of leading dustry standard servers into software storage technol- shared storage appliances. ogy business ID7 to US- ID7 is also the primary devel- based data solutions oper of the SCST storage sub- provider Fusion-io. Fusion system. has also acquired the pri- mary developers and key James Sheridan, Stephen contributors of SCST, a Hadlow and Robin Hastings Linux storage software sub- from Turner Parkinson ad- system utilised by many vised ID7 and SCST on the storage vendors across the transaction, alongside Tony globe. Woolley of Pareto Tax & Wealth and Andrew Allcock. Established in 2006, North Sheridan, who led the corpo- James Sheridan West based ID7 specialises in rate team on the deal, said: the development of storage “The acquisition will make a attractive exit, as well as the software solutions across all big difference to Fusion’s on- opportunity to play a key role types of interfaces and is a pi- going development of soft- in the development of a oneer of advancements in ware solutions for today’s world-leading business. As emerging storage technolo- ever growing data storage ever, it was great for our team gies. The company has been demands. For ID7’s share- to help business founders collaborating with Fusion on holders, the deal provides an achieve a positive exit.” Send your news to [email protected]

the Messenger News 13

All change at Manchester Branch of CILEx The AGM of the Manchester branch of CILEx took place on 14th March 2013 at the offices of Glaisyers in Manchester.

Diane Burleigh, OBE, Chief Executive of CILEx attended the event and provided the branch members with an update on news from Head Office as well as the various events which will be taking place this year to celebrate the 50th Anniver- sary of CILEx.

At the meeting longstanding members of the branch com- Vice-chair – Craig Hamilton mittee, Michael McGhie and Craig Budsworth, stood down from their roles as Chairman and Secretary (respectively) due to work commitments, and the following new commit- tee members were elected:

Chairman – Mark Winton

Secretary – Rebecca Lindsay Chairman – Mark Winton Vice-chair – Craig Hamilton

Other committee positions remained unchanged, with the exception of the role of Treasurer which is currently vacant. (This is being filled by Rebecca until a permanent commit- tee member can be found).

The branch is always welcoming of new members so if you are interested in joining please either contact Re- becca Lindsay (email: [email protected]) for further de- tails. Secretary – Rebecca Lindsay 14 Feature the Messenger Talking Heads We asked a number of practitioners “Have we stopped being a profession and become an industry?”

Legal Services Act we are al- Clients are now more de- rently face will inevitably writing essays, revising and Like anything, what matters lowed to undertake re- manding than ever and force some practitioners to sitting exams are a not-too- is your own personal per- served legal activities and they expect higher stan- compromise their profes- distant memory. Even after spective. Some prefer to are afforded certain rights dards in customer service. sional obligations - which all this hard work, I cannot refer to themselves as part such as legal professional Our traditional way of doing can ultimately only be at the attain the status of a quali- of a profession, others an in- privilege and our ability to business is not just under expense of the public and fied legal professional until I dustry. Ask a consumer ... or hold hearings in court and it threat anymore it has actu- discredit the whole judicial successfully complete the is that a client? A consumer is this that protects our po- ally been thrown right out system. two year training contract. would have a very different sition as a profession and of the window. What is more, the defining attitude; in fact they may sets us aside from being an We have to be extremely features of a profession go not actually care. industry. In the main client loyalty careful not to compromise a far deeper than merely sit- means nothing if a particu- free market by placing re- ting exams and obtaining Profession in the Collins Dic- Ultimately, does it matter lar service is available else- strictions on professionals qualifications. A profession tionary is defined "1. an oc- what we call it? I believe where at a cheaper price so it does beg the question is an occupation which rep- cupation requiring special commerciality and profes- and with more added value. whether we can really have resents impartiality, special- training in the liberal arts or Future law students, parale- sional obligations can go Those who don’t embrace a free market or whether ist knowledge, sciences, esp. one of the gals and trainees are enter- hand in hand. Clients are the need for change will not some professionals require understanding and expert- three learned professions ing a career that has free to choose the standard prosper and they may not a certain amount of protec- ise. It suggests accountabil- law, theology, or medicine." undeniably changed. of service they require even survive. tion?” ity for the special set of Industry is defined as "1. or- Some may say that we are ‘cheap and cheerful’ or ‘pre- activities reserved for that ganised economic activity, no longer in a time where mium’ and all levels offered There can be no room for Nick Johnson particular group of people. concerned with manufac- the profession can afford to in between. However, the doubt that we are now Partner These are invaluable quali- ture, processing of raw ma- offer a bespoke service to standard of service or the competing in the big arena Glaisyers Solicitors ties which are integral to the terials, or construction". individual clients, that we method by which those with the big boys from provision of legal services. Quite surprising I thought have now become a much services are provided does other industries and we are The loss of professional sta- until I checked the date my more commoditised service not mean that it is any less seeing clear signs that tus would mean that we no Dictionary was last re- with a substantial increase of a profession. Regardless lawyers have a lot to learn. longer operate by these vised...1995! I expect this in issuing standard informa- of the new and inventive Indeed many firms have al- fundamental values, which has been updated since but tion to clients. At the ex- ways law firms may now be ready bitten the dust. would be a very great loss reading on under industry - treme end of this spectrum operating to stay competi- indeed. "2. a branch of commercial it could be said that the ap- tive, we as individuals re- Bill Jones enterprise, concerned with plication of law is now sec- main bound by our Managing Partner Rebecca Blackburn the output of a specified ond to this professional duties, and I for JMW Solicitors LLP Trainee Solicitor product". This to me would commoditisation. This one am glad of that. Eversheds certainly describe most view has only strengthened practice areas of law when in certain individuals with Charlotte Brinsley the word "product" is re- the introduction of the ABS Trainee Solicitor placed with "service" for the and the impact of private Slater & Gordon modern era. capital potentially driving both the operation and ex- Has the provision of legal In my opinion we are both. pansion of law firms, by services ceased to be a pro- We are a profession and al- which their sources are not fession and begun to oper- ways will be. Yet I always bound by professional obli- ate as an industry? Few find myself referring to the gations. could argue that the legal practice of the law as an in- sector is an economic pow- dustry and indeed we are - However, the provision of erhouse, contributing in ex- we are industrious as legal services remains a cess of £20bn a year to the equally as we are profes- client focused advice British economy and provid- sionals. process; we are in effect a ing jobs for over 250,000 The introduction of ABS, people. service industry. We pride outcome-focussed regula- Such Amin This is a really good ques- ourselves, and it is our pro- tions and the financial mar- Aequitas Legal The current economic cli- tion and one that will have fessional code, to ensure we ket generally is forcing legal President of Manchester mate, globalisation and varying degrees of re- put our clients’ needs first practices to become more Law Society new business demands are sponses. The differences will and ensure integrity and Long gone are the days like a business. transparency are at the when law firms could ex- all catalysts for the evolu- depend on whether the tion of the legal market question is aimed at an of- heart of what we do rather pect new business to flow Glaisyers has always acted from its traditional roots, to fice junior; paralegal; legal than the distribution or sale through their doors without like a business but we must a more modern, powerful executive; trainee; solicitor; of any form of product. We fear of external competi- be mindful that we don’t to- commercial entity. How- partner; barrister; clerk; ac- focus on the client and what tion. tally lose our role as a pro- ever, I do not agree with the countant; doctor...the list is they want, but do this fessional adviser which has suggestion that this adap- endless. Yet I genuinely be- within the regulations set The real meaning and distinct tion has caused the loss of lieve that the reply will be out by the Legal Services In- and the emergence of alter- connotations. We have to professional status. different from those even dustry. native business structures act in our client’s best inter- within the profession. cut right through the notion est, always above our own Yes, we are in a commercial that solicitors have a divine The Oxford English Dic- commercial interest. Ulti- tionary defines a profession world where IT and the right to succeed in business. mately, we have to fight for need to drive efficiencies The legal profession is expe- as “a paid occupation, espe- Do you have a view on this? justice for our clients and cially one that involves pro- are key. However, we are riencing an unprecedented this cause cannot change guided by a set of morals period of changes, the likes longed training and a Please send your opinions to just because we are operat- formal qualification”. Pro- and ethics and ultimately by of which it has never seen ing in a free market. the supremacy of the Court before. longed training you say? As [email protected] and Parliament. Under the a first-year trainee, the pre- The pressures we all cur- vious five years of studying, the Messenger Costs 15 Budgeting For Costs Jeff Lewis, Commercial Litigation Partner at leading North West law firm Brabners Chaffe Street comments on the changes to the rules on costs... Those of you who have through to final hearing. Court to vary the figures tainty about the level of the been involved in litigating contained in the costs budg- potential liability for the op- a commercial dispute will Here’s where it gets interest- ets if there are significant ponent’s costs will reduce or no doubt have your own ing: the Court will, at that developments in the litiga- disappear, as businesses will battle-scars to display and point, either approve or re- tion, but any request for know, at an early stage, bitter experiences to re- vise those costs budgets. such a variation will need to what their maximum liabil- count, but a series of re- The Court will then record be justified. ity in costs to the other side forms, to take effect from those budgets and, ordinar- is likely to be. This will en- April 1, is intended to re- ily, will make a Costs Man- What does this mean in able businesses to budget duce concerns about one agement Order. The Court practice for those busi- for a “worst case scenario”, of the main areas of anxi- will then monitor expendi- nesses which are unfortu- i.e. one in which they are or- ety – that of legal costs. ture going forward to com- nate enough to be involved dered to pay the other side’s pare progress against that in litigation? The main bene- costs (usually, if they have As part of a raft of changes budget. At the conclusion of fit will be greater certainty lost the case). Hence, busi- to the rules on costs in the the case, when assessing the about how much you will nesses can know – before civil courts, a form of costs costs payable by the losing have to pay to the other side they are too immersed in budgeting (or costs man- party to the winning party, by way of costs if you lose the litigation – what level of agement) is being intro- the Court will have regard to the case. It is the open- risk they are facing. duced into all substantial the approved budgets and ended nature of adverse commercial litigation cases won’t depart from them un- costs exposure which, in my This will enable businesses (essentially, any case with a less satisfied that there is experience, businesses find to make a fully informed de- value of over £25,000). good reason to do so. (Even most frustrating about the cision about whether to where a Costs Management litigation process (‘How long continue with the litigation Shortly after the parties Order has not been made, if is a piece of string?’ is never and to budget effectively. have set out the outline of there is a difference of 20% a good answer to a business view from many of the these reforms can only be their case at the start of pro- or more between the costs owner or an FD trying to fix The scheme has been pi- Judges involved in the good for businesses: they ceedings, the Court will re- claimed by a receiving party a budget for an ongoing loted in certain Courts (in- process nationally has been will foster transparency in quire each party to lodge at and the costs in the budget, piece of litigation!). Indeed, cluding in Manchester) over that overall the pilot scheme legal costs, reduce the ele- Court (and serve on the the Court may restrict the the research which led to the last few months. During has been successful. Now ment of uncertainty in litiga- other side) a costs budget, recoverable costs to the fig- this rule change reached a this pilot process, the Courts that its use is being ex- tion, and impose greater setting out an estimate of its ure in the budget). similar conclusion. have been “feeling their panded, although we can responsibility on parties’ own costs for each stage of way” through the maze of expect a few refinements lawyers to keep legal costs the litigation process There is power to ask the From now on, the uncer- costs management, and the along the way, ultimately budgets under review. Letter to the Editor Following my recent letter regarding the Jackson Reforms and cost capping, I have been asked to clarify certain key points:

1. Lawyers’and their clients who do not provide a budget will lose all entitlement to costs. 2. The new strike-out rule precludes reinstatement of applications. 3. Lawyers’clients must approve the budget and Precedent H. 4. Parties have 28 days to file their Precedent H budget following the original application to the court; failure to do so will mean that only court fees are recoverable. 5. In all multi-track cases issued in the County Court, the High Court QBD and Chancery Division, filing of Precedent H will be compulsory; again, failure to do so will restrict re- covery of costs to court fees only.

At the expense of repeating myself, all these are reasons to consider mediation in the early stages of the case rather than running headlong down the litigation route.

Sincerely, Barry Frieslander MCIArb Certified Mediator Felicity joins Just Costs Just Costs Solicitors who is tion. She has worked on com- the UK’s leading Solicitors’ plex cases including clinical Practice specialising in negligence, catastrophic Costs are delighted to wel- RTAs, Employers’Liability, Pro- come Felicity Goldsbrough. fessional Negligence and In- dustrial Diseases claims Felicity is a Barrister who where significant amounts of started her career in legal costs are at stake. costs negotiation in 1998 fol- lowing on from her tenancy. Chris Murphy, Northern Re- She worked within legal costs gional Director of Just Costs for a number of years and commented “We are very handled a broad range of De- happy to welcome Felicity to fendant and Claimant based Just Costs. As a barrister, her costs work. skills and experience will be invaluable when assisting tion to our team of fee-earn- Felicity has a number of years both our clients with the liti- ers in Manchester reflects our of experience within all as- gation that we are expecting commitment to become a pects of costs to include draft- as a result of the Jackson re- truly multi-disciplinary prac- ing and negotiations; forms, but also in delivering tice in these interesting and however, her forte lies within our CPD accredited training challenging times for the advocacy and costs negotia- seminars. Further, her addi- legal industry.”

the Messenger News 17 Online marketing masterclass: going local Manchester firms fall Have you ever searched tails, which are then verified Local results Google for ‘solicitors in using a phone call or post- Manchester’? How about card. Once verified, you In 2012, Google launched the As yet another Manchester law firm goes into administration, ‘solicitors in Stockport’? should appear on the map Venice algorithm update, de- Christine Oxenburgh, partner at law firm Freeth Cartwright, asks Chances are, you’ll see a few within a couple of weeks. Your signed to detect where the sponsored ads, as well as listing will link to your site and user is located and which if this an opportunity or a threat some natural results dotted your Google+ page, where search results are therefore across a map. Apparently profits per partner However, profits per partner muds face the prospect of you can create a profile con- most relevant to them. In ef- are going up and yet another are going up. As a profession being held back because one taining business information, fect, searching for ‘solicitors’ As you can imagine, it’s vital one bites the asphalt. The ad- we are not doomed. Yes, or two non visionary partners pictures, contact details and from a computer in Manches- that your business appears ministration of another big times have been tough in a want to keep things in aspic. even reviews from clients. ter will now give you local re- here. A huge proportion of name Manchester law firm recession with the block That does not do a lot for all sults for ‘solicitors in Google searches include a lo- adds to the line of law firms buster disciplines of corpo- the people who depend on Google Places is the easiest Manchester’. It’s therefore cality, as users prioritise con- that have gone flop in the last rate finance and property tak- the firm. and cheapest way to get on more important than ever to venience and relevance. If you few years. The spectacular de- ing a thrashing but there is the map for your locality. make sure Google knows specialise in private services – mise of shocked our light at the end of the prover- Whatever it says in the part- However, it only lets you add where you are. family law, property, wills or business community but it all bial. Perhaps we need a nership/LLP deed (if there is a listing for verifiable physical personal injury for example – seems pretty run of the mill makeover. one) there are ways of getting locations – so what if you An important aspect of this is your clients are even more now. In Manchester alone a modern approach. Just get want to target a wider range optimising your website for likely to be looking for some- well known names like Donn PI insurance a bit of help from those who of terms? locality keywords; there thing nearby. LLP, Rowland Field Cunning- Sole practitioners have for do it all the time. should be plenty of mentions Fortunately it’s reasonably ham and Shammah Nicholls years been hit with higher PI Pay per click advertising al- of your location (and service simple to get on the front no longer exist. That is not insurance premiums than Step two - get the whole or- lows you to bid on keywords area) on your Contact, About page of Google for your spe- even to mention the ones bigger firms. There is niche ganisation working towards you want to appear for, no and Home pages. Of course, cialism and locality, and start who have failed for profes- and there is general. The more modernisation, even if it matter where you’re based, so you can also use these pages bringing in those local leads. sional reasons, not lack of general, the thinner the busi- means doing a bit of manipu- many nationwide firms are to demonstrate that you are money. Then of course there ness owners are stretched. lation. using this system to target friendly and approachable – Getting on the map are the interventions by the Having more partners multiple towns and cities. Of being local is about more Law Society, generally for fail- spreads management tasks In these turbulent times it’s course, the less competition than just your location. The map results for locality ure to comply with the ac- freeing time for business de- not selfish to look after ‘num- there is in the area you want searches are generated using counts rules but that failure is velopment, training and ber one’. It does not follow to target, the lower the bids Google Places. This free serv- probably because there is not doing the job. Joint owners that looking after one’s own you’re likely to need. ice lets you submit your de- enough money in the pot. know that the sins of one will interests damages the inter- There seven such cases re- be visited on them profes- ests of others. It could make ported just this week. sionally and financially and them better. keep an eye on each other. Going into administration Partners should protect what Limited liability partnerships Merging they own. are like companies and when they run out of money, unlike 220 firms joined forces on Keep an eye on the accounts traditional partnerships 2011 (the latest year from on a monthly basis where the partners are per- which figures are available) as Ask questions of the manage- sonally liable for the debts, opposed to 168 in 2010. The ment if there is a manage- they tend to go into adminis- Law Society Law Manage- ment board tration. The administrator ment Section predicts that Exercise voting rights wants to sell the business as a many firms will merge not Take an interest in the individ- going concern to maximise only with each other but with ual disciplines in the firm returns for creditors and staff. estate agents, financial ad- Look at options. The members/partners and viser and accountants. My staff want to keep their jobs. firm alone has taken itself We have been round the Normally they are all guaran- through five mergers in the block a few times and can teed jobs for a specified pe- couple of years. We are veter- support firms or individual riod but the partners must ans at the game. Like a num- partners through the trou- undertake not to leave during ber other firms we have also bles. that period. The bargaining jumped through the hoops to chips are with the administra- become an ABS. Step three - partners should tor. It is a brave partner who look after their business indi- goes straight onto the job Becoming an ABS vidually and collectively. It is market with a failed law firm Step one - get a plan. Look for theirs. If each one keeps the on their CV. a merger partner and/or a business going the staff, sup- way of bringing the business pliers and the clients will be So why does it matter? into a modern shape. fine too.

Well, apart from the partners There are two sides to selfish- 2013 will be a dynamic year who lose their business, there ness. Some partners just do for the legal sector and we are the staff, the suppliers and not want change. The old can expect to see more casu- the clients all of whom suffer. adage, if you stand still you go alties, more mergers and Responsible partners care backwards has never been more deals between partners about them and want to pro- truer for legal practitioners. and firms. tect them. So firms with stick-in-the- New cloud guidance paper makes essential reading for firms with IT and a mind on the future...

Any law firms thinking about consistent IT delivery, business continuity and DR will be considering a move to managed/ hosted IT services They may to avail themselves of copy of a new guidance paper outlining the why, what and how of making a suc- cessful switch.

‘Buying hosted IT’ has been put together by law firm management and IT consultant Bill Kirby, who sought a cross-section of industry and end-user opinion as well as drawing on his own experience of procuring and managing such projects.

The paper kicks off with an insightful and extensive list of reasons why a firm might con- sider this type of outsourcing; it then reflects on the strengths required from vendors and the qualities a prospective buyer should be looking for; it continues with detailed, practi- cal advice on contractual and commercial issues before concluding with an ‘insider’s view’ of the implementation and operational phases, and the various pitfalls to be avoided.

The free paper can be downloaded at www.professionalchoiceconsultancy.co.uk

the Messenger News 19 Transforming legal aid A summary of MoJ proposals The Ministry of Justice (MoJ) has issued details of its based on 2010/11 LAA data suggests a range between * Chapter 5 plans to introduce price-competitive tendering (PCT) four and 38 in each procurement area with the total num- for criminal legal aid. The consultation also includes ber of contracts around 400. ‘Reforming’criminal legal aid fees: measures to cut a further £220m from the criminal and civil legal aid budget. * Contract value: Successful applicants in a procurement * Reduce fees for Crown Court advocacy and very high area to be awarded an equal share of access to cases in cost cases (VHCCs) (both litigation and advocacy), which Below is our summary of the main proposals: the procurement area. are not included in the proposals for competition

Chapter 3 * Client choice: Clients would generally have no choice in * A proposal to restructure the current Advocacy Gradu- the provider allocated to them at the point of requesting ated Fees Scheme to encourage earlier resolution and Eligibility, scope and merits: advice, and would be required to stay with that provider through a harmonisation of guilty plea, cracked trial and for the duration of the case, subject to exceptional cir- basic trial fee rates to the cracked trial rate * Reduce scope of prison law to cases that involve length cumstances. of detention and adjudications that require representa- * A reduction in and tapering of daily trial attendance tion to comply with Article 6. * Remuneration: rates from day three N Police station work: block payment for all police sta- * Financial eligibility threshold for legal aid in the Crown tion attendance work per provider per procurement * A proposal to reduce all VHCC rates by 30 per cent Court. Defendant with disposable household income ex- area, based on the historical volume in area and the ceeding £37,500 will be ineligible. provider’s bid price. * A proposal to tighten the rules governing the decision to N Magistrates’court work: fixed fee per provider per appoint multiple counsel in a case * Residence test for civil legal aid restricting eligibility to procurement area based on the provider’s bid price. those with at least 12 months’lawful residence. N Crown Court cases with less than 500 pages of * Changes to litigator contracts to require greater support prosecution evidence (PPE): Introduce fixed fee per to counsel from the litigation team. * Legal aid payments for judicial reviews will only be provider per procurement area based on the made if the permission application is successful. provider’s bid price. * Chapter 6 N Crown Court (non-VHCC) cases with more than 500 * Civil cases to have at least 50 per cent change of success PPE: maintain current graduated fee scheme but rates ‘Reforming’civil legal aid fees: - ‘borderline’cases no longer eligible. set per provider per procurement area based on the provider’s bid discount against the current rates * Reduce graduated fees and hourly rates for care pro- Chapter 4 under the Litigators’Graduated Fee Scheme. ceedings by 10 per cent

Competitive tendering for criminal legal aid: * Procurement process: Two-stage application * Barristers’fees for civil (non family) proceedings to be the process: same as other * Contract length: Three-year contract term with the op- tion for the government of extending the contract term N Pre-qualification questionnaire - evaluating an ap- * Remove 35 per cent uplift for immigration and asylum by up to two further years. plicant’s suitability to contract with a public body and Upper Tribunal appeal cases its experience and capability of delivering the serv- * Geographical areas for the procurement and delivery of ices. * Chapter 7 services: Criminal Justice System (CJS) areas (subject to N Invitation to tender - split into two parts - the first Civil and criminal expert fees: two proposed mergers of areas) with an exception for evaluating the provider’s quality and capacity to de- N Reduce current specified standard fees for experts London, to be further subdivided into three procurement liver the specific service in the procurement area and by 20 per cent_ areas. the second evaluating the bid price. For more information visit the Law Society’s website * Number of contracts: Applicants allowed to apply to de- * Contract award/ implementation: Competitive tender- www.lawsociety.org.uk liver services in more than one procurement area, but ing process to start in all procurement areas in autumn only one share in each area. The number of contracts to 2013. Contracts would be awarded in summer 2014 with vary by procurement area. Illustrative contract numbers the service commencing in autumn 2014. Changes to late payment regulations: interest and compensation for businesses

Changes to entitlements to claim interest and compensation for late payment of fair and will not stop interest running on late payment. Whether terms are grossly unfair commercial invoices have significant implications particularly for businesses deal- will be subject to a variety of factors which address how fair it is in each case to stop a ing with the public sector, says Simon Morris, Commercial Litigation Associate at business claiming interest on long payment terms. Brabners Chaffe Street. The interest rate currently claimable remains at 8% above Bank of England base rate and Where a debt remains due after the date for payment businesses can demand interest compensation remains at the levels introduced in 2002. Compensation depends on the and compensation. Until the recent changes customers could try to agree that the late debt and remains at £40.00 for under £1,000.00, £70.00 under £10,000 and £100.00 over payment legislation would not apply but now they cannot. £10,000.

These changes apply to commercial contracts for the supply of goods or services entered A significant change is that businesses can now also claim reasonable costs of recover- into from 16 March 2013. The changes mean that: ing debts above the compensation amount after deducting the compensation. This can include costs incurred by instructing solicitors or debt recovery agents. * Unless credit terms are agreed interest accrues on unpaid invoices from 30 days after receipt of the invoice or receipt of the goods/services whichever occurs latest. The changes will be welcomed by many businesses in the current difficult financial cli- mate many of whom are struggling to maintain their cash flow. In particular, businesses * Public sector customers must pay compensation and interest on unpaid undisputed that trade with local authorities stand to benefit. invoices after 30 calendar days of receipt. These changes are also a reminder to businesses to review their terms of business to en- * For business customers payment terms should be no more than 30 days. Up to 60 sure that they do not fall foul of the amended rules. In particular long credit terms should days, or longer can apply but generally, payment terms over 60 days will be grossly un- be reviewed to include an explanation why they are not ‘grossly unfair’.

the Messenger News 21 Effective Branding: An almost legal requirement? Asks Kerry Dennison, marketing director at Studio North….

Let’s face it, the legal sector is not exactly having an easy Next up… Profile. Sometimes, the external view of your busi- ride of it right now; what with the implementation of the ness is often very different to the internal perception. We often Legal Services Act, the recent Jackson Reforms, cuts to work with clients who feel there is a poor internal view of their legal aid and a significant increase in regulation (COLP & own brand yet externally they are seen very positively. How- COFA), law firms of all shapes and sizes are having a tough ever, this also works vice-versa! Understanding the profile of time. your brand is key as this will help you look at how it fits in with your own internal culture as well as the wider marketplace. It doesn’t matter if you’re a top tier firm or a high street prac- tice – the whole sector is experiencing these challenges and Profile leads nicely into Engagement i.e. how your business ac- most are dealing with them in the same way; by over deliver- tually engages with people; both clients and colleagues. ing, squeezing fees and competing for the same audience. Whether you have a clear brand positioning or not, regular en- gagement with your audiences will win you huge ‘brand This has – not surprisingly - resulted in a clash of brands and recognition’points. So, whether it’s a newsletter, regular blogs a confused marketplace for your clients. However, rather than or simply picking up the phone - frequent dialogue can be de- wallowing in a sea of doom and gloom how can we tackle this, livered in whatever medium you feel works best for you. The how does your brand regain some differentiation in the legal important thing is you just need to do it! sector and how do you achieve some real clarity not only for your clients but your colleagues as well? We know the market is tough and over the past few years ‘Re- assurance’is another word that is being used more and more The first step is around your Positioning: Whenever we work by potential clients. The legal market can be very confusing on a brand positioning project, our clients always ask us to so choosing a law firm is becoming a really daunting experi- identify their ‘USP’, but - in reality – no law firm is really that ence – especially for those people who don’t need your serv- unique or different. So, rather than looking at the market and ices regularly. Therefore, people are looking for reassurance trying to fill a gap which isn’t always there we look inwardly, that they’re making the right decision. How do you overcome at you, to understand what you’re all about, your values, your this? Simple… by being relevant to your target audience and personality and your DNA. This is what gives us your Position- by positioning yourself in an accessible way. ing. All of this may sound pretty straight forward but… So, take a stand back and look at your position, this is a really good time to evaluate what you’re about as a business and To summarise, the aim of this article was to give readers of The whether it is right. Many firms go through a period of re-eval- Messenger a few tips around Branding and as an added exclu- uation, where they look at how they’ve evolved and if they still sive, we would also like to offer a free half day Brand Scoping have the same values they had when they first started. They session to the first two law firms who email their details to Kerry Dennison also look at if these values are being communicated or being [email protected]. hidden away in amongst all the noise of the industry. www.studionorth.co.uk 22 Feature the Messenger Management Matters This column is now into its fifth year and feedback is still good. We would still like to receive observations and ideas for future issues. Please mail Bill Kirby at [email protected] or the publisher Julia Baskerville at [email protected]

Culture and Accountability skills and, if not already present, cannot be achieved overnight. Even with compliance attitudes can do with some shifting. Investing in the social and intellectual capital of your people is a In the last few months we have covered some really critical There are often too many mumbles about file take on – con- continuous process, not a one-off. This is where the client satis- topics. Much of it focused around client care and experience flict checks, estimates, credit limits, MLO, ID checks, risk assess- faction survey is a vital tool; the process of measuring quality of issues, the capitalising on major investments in image and ments, file reviews, re estimates. Compliance is there for a service should be real-time, making anticipating and reacting to marketing by capturing and working new business enquiries reason, it protects clients as well as the business in which we the findings a continuous and sustained effort.” We have covered cross selling and client retention. We have work and needs to be done willingly and effectively considered many performance areas – cash flow, gross profit, “Third, firms need to VERBALISE the ‘ideal client experience’ and control of overheads. There are undoubtedly many processes Old Stuff balance this against resources and profitability. Unless there is a that can be enhanced with investments in lean and six sigma shared language describing the touch points, milestones and consultants or in house working groups. Management infor- I have reviewed the many times these cultural issues have symbols that make up an excellent client experience, how will mation can be gathered to tell us where we are but only a been considered in this column in one guise or another – the staff know in which direction they should be heading? Putting small proportion of benefits will be achieved unless in addi- www.optimality.co.uk piece back in September 2011 looking these affirmations at the centre of the learning and development tion firms must accept that their culture and the culture of all at sales and leadership coaching. Client retention stuff in Fe- specification will stand the firm in good stead”. employees needs to change to recognise changing circum- bruary 2012 stances in the market and client expectations, compliance and All of this needs to be backed up with hard business skills – financial management. Conduct client audits, potentially using a third party to really “law firm managers need to sharpen their focus on the business establish what the client perception of the firm is. Or at least of law. This is easily overlooked when recruiting new staff or re- One cannot be a manager without planning – a fundamental ask them. energising existing staff. Firms need to be clear on what those in any mentoring process, this comes from a strategy and ob- Train and coach staff on how to speak to a client with tele- skills should be, how they should reflect the corporate culture jective and a plan with milestones to check progress and alter phone and face to face enquiries and, in turn, how this delivers on the client experience. Continu- course. Make sure telephone answering is prompt and knowledge- ous feedback to and from staff is essential”. able Within a structure their needs to be accountability for per- Encourage people to pop in and be well and professionally re- Law firms already fighting on a number of fronts will not nec- formance – at the very top and then through the structure to ceived essarily want to hear that investing in such a medium to long department heads and down to individuals and it is only fair Have an effective process in place to manage complaints effi- term approach is the answer. Yet firms large and small are see- for them to be very clear on what is expected of them. It is all ciently and effectively – another KPI? ing the benefits of this client-focussed culture and are invest- very well however the information against targets (billing, Make everyone in the firm aware of the predicted 800 people ing time and energy into it. In the meantime the processes time, cash collection, gross profit etc) being reported but all who will get to hear of a bad client experience. It is unfair that have to work. individuals through the structure need to accept their role and good experiences get heard of by so few. accountability taking actions or making recommendations to Establish clearly the role of the client partner and the interface Simon uses tools like client journey mapping, client surveys say this is a blip, a trend up or down and more importantly tak- with others that also deal with the client and feedback loops, “Take Bates Wells & Braithwaite for exam- ing action or making recommendations to correct the nega- The identification and support of advocates for your business ple; Empathy was engaged to develop the business skills of their tive or accentuate the positive. is even more critical – them providing unprovoked references fee earners, which we’re doing with a mixture of training and for your business is invaluable – chamber of commerce, Rotary coaching. Our approach helped stimulate a wider interest in the There are people in management roles who do not really want club and other networking events. benefits of client-centred training and development, which even to be there. They need to not only willingly step aside for those impacts on how we deliver things like maternity coaching. with the desire to drive forward but also adapt their culture to New Perspective The Co-Op is laying down the gauntlet with openly having a be supportive of the new managers and everything else that strategy of building a life time value proposition for clients and requires a change of attitude. I have taken the opportunity to discuss this with Simon Bern- client relationships and all firms will have to respond to this stein, Managing Director of Empathy and the more demanding client base. Communication with clients has to involve everyone – switch- www.empathy-communications.co.uk, a northwest-based board, reception, anyone walking through reception, anyone people development company with a reputation for trans- Simon however reminds me that “the bigger picture is achieved asked to take a call from a client, take a message or get some- forming law firms. Empathy claims to be different from the with hard work and attention to detail, whether it’s techniques thing actioned. In too many cases it is left up to others. If we myriad of other training companies, in that they structure for time management, motivating teams, handling difficult situ- need rules to change attitudes then it needs to be done but every part of their training and development around the ations or other technical aspects of running a successful law firm.” wouldn’t it be good if folks do it because they want to client. This helps law-firms address the business critical issues of culture and leadership within a totally client-centric train- Where the work with BWB addresses the wider cultural strat- ing and development strategy. egy, Simon advises that “Emapthy’s project-specific work with clients like DLA Piper (business communication skills) and Hill Simon tells me that the legal sector is not good at looking it- Dickinson (coaching skills) has still been delivered within the self in the mirror. “For example, there is a scarcity of published same philosophy of building around the client” client satisfaction surveys on law firm websites. With notable ex- ceptions such as www.gateleyuk.com Most firms providing “Law firms across the UK are looking internally to find the an- client feedback do so with a press release about their score in the swers to the client experience challenge within their ranks. How, industry benchmark.” by a culture of committed and skilled staff, they can develop a natural opportunity to grow through reputation. Compared to Simon advises that there are three key issues. spending thousands on re-branding and positioning statements that may not have this kind of due diligence, the return on invest- “My primary concern is that lawyers are obsessed with not losing ment is impressive and self-sustaining”. fee earning time at any cost and this impacts their ability to man- age and value support staff. Investing in skills, behaviours and at- Culture and having the right business skills to deliver out- titudes among legal firm personnel, whether fee earners or not, standing customer experience are becoming the hot issues for should NEVER be relegated to the ‘nice-to-have’. Every member of firms looking for a sustainable solution to differentiation. It’s the firm needs to ‘get’ the link between culture and client experi- no luxury. ence.” Also in February 2012 I wrote “Establish x% client satisfaction “Second, there is NO QUICK FIX to the challenge of delivering ex- as your number one non-financial KPI; measure it, share feed- cellent client experience. This requires excellent management back and respond to it”

Bill Kirby is a director of Professional Choice Consultancy offering advice to firms from business strategy, planning business development and all things IT including effective use and outsourcing continuity and DR. He can be con- tacted at [email protected]

the Messenger Charity & CSR 25 Pannone superheroes raise money Four intrepid souls from the Manchester office of Taylors Solicitors are embarking on a Challenge to for asbestos victims raise funds for two great causes City centre law firm, Pan- ment, which deals with as- money is raised to support none are always on the bestos cases. The this invaluable service. side of justice but when hunt involved participants they’re joined by super- finding clues, taking them Rachel Craig said “Whilst at heroes like Batman, Spi- around bars in Manchester Pannone, Lynsey and I have derman and Superman, to find the bad guys and worked for many years with the bad guys don’t stand a save the day. Their efforts on people who suffer from chance! the night raised £500 for the mesothelioma and have charity. seen first-hand the devas- Infact, the caped crusader tating effects it can have, and his chums were all Pan- Mesothelioma is an as- not just on those suffering none employees, raising bestos related cancer and from the illness, but also money for Mesothelioma many of those who have their families. We’ve raised UK, a charity which offers a been diagnosed with the almost £3,000 for asbestos free support service to disease have contracted it related illness charities by those who have been diag- by being negligently ex- running a tuck shop, book nosed with this terrible as- posed to asbestos during sale, bingo and other treas- bestos related disease. The their working life. ure hunts and it really is superheroes were taking quite touching to see just part in a treasure hunt or- Mesothelioma UK relies on how many members of staff ganised by Rachel Craig and voluntary donations, which turn up to help from all de- Lynsey Robinson from the makes it all that more im- partments within the firm.” firm’s Serious Injury depart- portant to ensure enough

The Taylors Trailwalker team takes a well-deserved break during a recent training walk; l to r: Grahame Love, Claire Barnes, Will Clayton, Andrew Livesey, Matthew Catterall

The Taylors team, along Matthew Catterall, is aiming Taylors is also hosted a char- with its support crew, has to complete the Challenge ity quiz night on Thursday 2 been in training since Jan- in under 24 hours and to May from 5.30pm at The uary in readiness to tackle raise £10,000 to support the Castlefield Rooms; if you the Oxfam Trailwalker work of Oxfam and the would like to attend and which will see them walk- Gurkha Welfare Trust, and is support the event, please ing 62 non-stop miles already, thanks to its gener- visit the Trailwalker website along the Queen's Gurkha ous corporate sponsors and www.taylorstrailwalker.co.uk Signals Regiment's gru- donations from individuals, for more information. The elling training route more than half way to evening will be a great op- across the South Downs reaching its ambitious tar- portunity to network as well National Park - and all in get. If you would like to as to help the team reach its under 30 hours over the make a donation to the fundraising target; there will weekend of 27 & 28 July. team's fundraising efforts, even be a Gurkha curry sup- please go to the team's per! The team, comprising An- JustGiving page at drew Livesey, Will Clayton, www.justgiving.com/An- Grahame Love and drew-Livesey. Rachel Seaward, Carrie Newall, Yasin Bangee, Jeremie Gayout & Lisa Kelsall Young lawyers get together for an evening of magic Junior lawyers meet for a networking event with a difference ‘Networking’ can be a Furthermore, Charlotte Solicitor at Slater & Gordon tricky activity for any compiled an impressive who organised the event, young professional. Walk- range of raffle prizes in aid said: ing into a room full of of ovarian cancer charity people you don’t know Angels of Hope: a bottle of “We had an excellent with little experience to Taittinger champagne, an turnout, and Etienne did discuss, many would pre- Aspinal of London Travel not disappoint. Discussing fer to stay well away from Collection, and a signed the show was the perfect networking events if they cook book by John Whaite, icebreaker for the atten- weren’t crucial for getting the winner of the Great Bri- dees, many of whom were ahead. tish Bake Off. new to networking.

Rather than the traditional Junior lawyers from the “Networking becomes in- speaker or debate to pro- likes of Clyde & Co, Irwin creasingly important as we vide a focus for the evening, Mitchell, THP, Meyer Brown, progress through our ca- Charlotte Brinsley, a Trainee , DLA, Dev- reers. It can be nerve-rack- Solicitor at Slater & Gordon ereux, Leigh Day & Co, ing, but it’s best to start Lawyers organised an event Thrings LLP, Archon, and of early and get comfortable with real entertainment in course, Slater & Gordon, all in these kinds of situations.” the form of a magic show gathered at the firms Head from one of the world’s Office to witness the magic, most famous magicians, Eti- providing an excellent op- enne Pradier. Etienne is portunity to get to know renowned as a performer to one another in a relaxed en- elite audiences, from vironment. princes to politicians, around the world. Charlotte Brinsley, Trainee 26 PI the Messenger Manchester Law Society Lifestyle 27 Gym Membership vs Personal Training

I saw this great article yesterday in the Daily Mail and just want to share it with you; this is a great testimonial, to everyone, that you are never to old to train.

Gym three times a week, a 25 mile bike ride each Sunday and a 50 length swim EVERY DAY (Daily Mail)

Arthur Gilbert, 91, has defied his years to become one of the world’s oldest triathletes. The energetic grandfather stays young by going to the gym three times a week, cycling 25 miles on a Sunday and swimming 50 lengths of his local pool every day.

Yesterday the pensioner took part in the Burnham Sprint Triathlon, in Somerset, complet- ing the 500 m swim, a 20k bike ride and a 5k run in less than three hours.

To read more please have a look at this link. http://www.dailymail.co.uk/news/article-2157658/Arthur-Gilber-Gruelling-regime-grand- and how hard you can really push yourself. father91-bidding-world-s-soldest-triathlete I have seen people in the gym, it’s a couple of curls here, water fountain, couple of leg This month I’ve asked a few of my clients about why they train with Probalance and the presses here, changing room.....get the drift? Don’t get all offended, motivators; I know benefits of personal training. some of you push it to the limit...one more tiiiime. Why should you have a personal trainer and why can’t I just get a gym membership But for those of you who felt their ears burning while reading that, yeah I’m talking to which is cheaper? you. Firstly would be how often do you use your gym membership? Sometimes you just can’t find the motivation to make it to the gym, that’s where I come in. So think about it, when you’re saving all that money by just having your cheaper mem- With personal training you have an appointment for the session, for the gym member- bership and not going, which one has more value? ship you don’t hold accountable to anyone but yourself to show up. When you pay for a personal trainer, you know you’re getting the most out of every When you’re in the gym, are you really pushing yourself to a new level to achieve your goals? minute in the gym, you know you’re going to actually show up, and you’re going to get some serious results. Plus, your work outs will benefit for the rest of your life, with a per- Personal Training doesn’t necessarily mean that you’re going to be seeing me 2 or 3 times sonal trainer or working out by yourself. You’ll know how to use certain equipment, how a week, you could see me once a week or once every couple of weeks just to make sure to use proper form, and you’ll probably save yourself an injury or two!!!!! So now go hit you are staying on track. the gym or call a personal trainer.....and good luck!!!! How many times have you missed your workout one week, then it turns into a month, We are offering free taster session though May, so don’t delay call 0161 833 4777 or then oh my gosh it’s been 6 months. Seeing a personal trainer at least once a week or so email (Andy) [email protected] will help make sure this doesn’t happen. You may also learn new things to do at the gym on your own. You will also have a mental gauge of how hard your workouts should be

0161 425 5206 We are located on the 2nd Floor, House of Fraser, Deansgate, Manchester M3 2QG

Spa in the City

Partners Salon is situated on the second floor of House of Fraser, this hidden gem offers everything from hair, nails, waxing and a huge array of beauty treatments, this month we are focusing on Germaine de Capuccini the top European skin care house whose premium products are found in the most exclusive Salons and Spas across the world.

If you are looking for pure indulgence and total £20 blow dry bar available every relaxation, we can provide you with a haven where you day with any available stylist will find the most incredible unique sensations, where the body, mind & spirit converge to feel an unforgettable and please call 0161 425 5206 to book deeply pleasurable experience.

We also retail all Germaine Facial Products and, of course, perfect for presents their divine bath oil and candles, prices from £28 upwards

For further information or to make your booking please call Partners on 0161 425 5206

Partners Hair Salons are also situated in Knutsford 01565 651819 and Poynton 01625 873112

Partners are offering a 25% discount to readers of the Messenger. Please quote the reference Partners Salons are also situated in Poynton and Knutsford “Manchester Law Society” when making a booking. www.partnerssalons.co.uk 28 Lifestyle the Messenger Culture Corner Monthly Competition Although 47 King Street Weststarted out life as as an upmar- Review of To Kill a Mockingbird Pals at ket tea rooms, due their to popularity they have expanded their offering to include a fantastic Daytime Menu, serving all the Royal Exchange by John Wolfson your home-made favourites, a delightful Evening A La Carte To remind us that the book is The evocation of the time and and every Sunday they also serve a choice of Traditional Sun- seen through the eyes of At- place is highlighted by the day Roasts with all the trimmings. Situated in the upmarket ticus’s daughter Scout, this staging, particularly the court King Street West district of Manchester, behind House of production starts with a room, where the white charac- Fraser, the restaurant is perfectly placed to serve both the young girl reading aloud in ters sit stage level with their business and leisure customer. Open for breakfast, light bites, an English accent which backs to the black characters lunch and dinner 47 King Street West should be your desti- gradually morphs into a who are up on the first level. nation of choice, no matter what time of the day. Deep South American ac- Significant amongst these is cent, and the play’s away. Calpurnia, the children’s Afternoon Teas housekeeper. There is live 47 King Street West has earned a reputation for providing Depicting the racial issues and music too, although some- possibly the finest Afternoon Teas in the city. Beautifully and tensions following the alleged times a little intrusive. delicately composed of finger sandwiches (crusts off of rape of a white girl by a black play, but you feel its presence. course!) homemade scones with jam and cream and a boy in the 1930s, the story Given the enormous impact mouth-watering selection of mini cakes. To compliment the crescendos to the famous the book had and still has, dis- Quiz time. Afternoon Tea, they offer a glass of Mercier Champagne (brut court scene in which defence tilling its emotions into a time Q – Can you name another or rose) or Laurent Perrier Champagne (brut or rose). The per- counsel Gregory Peck (oops, and space limited stage play is book by Harper Lee? fect way to spend a relaxing afternoon in Manchester! Book- Atticus Finch) loses the case, no easy task, not helped by A – No, because this is the ings are essential at weekends. but wins the moral fight. the success of the film. But this only book she ever wrote. is an excellent production Q – Did you realise she is still Evening A La Carte As so often at the Exchange, which you leave with the feel- alive? The menu has been created by in house head chef, Rod Fran- A- Well, she is, but sadly only nothing is left to chance. The ing of satisfaction after a good cis. Rod has used his background and training in Escoffier just, aged close to 90. work contains numerous meal – any more and you techniques to bring the most flavoursome dishes that you Q- Did you really think you themes - colour as well as would have felt overfull, any could ever wish to eat. The menu contains mainly classic Bri- were alone in remembering class prejudice, tolerance, so- less, slightly hungry. In a beau- tish and French dishes, with a modern influence. The A La cial injustice, compassion, tifully crafted end the tall the name of her lawyer hero? A – (Rhetorical question, so Carte menu is served Wednesday to Saturday from 6.00pm gender roles, morals, laws stooping reclusive Boo Radley, – 10.00pm. both official and not, and tormented from afar and out no answer). most importantly, loss of inno- of sight for so long by the chil- Q – To the nearest million, cence – and they are all amply dren, saves Atticus’s son Jem how many copies of her book To win a luxury Afternoon Tea for 2 at 47 King Street West, please answer the demonstrated in this produc- from retaliatory vengeful have been sold? following question... tion by Max Webster. Shannon death at the hands of the A – 30. Tarbet, Rupert Simonian and physically abusive father of the And finally.... James McConville as the chil- falsely accusing girl. Q - Given that there was no dren perfectly portray the in- money available to pay for Q: Who is the head chef at 47 King Street West? nocence of youth without The mockingbird is so called the defence, what is the dif- being sickly, whilst Nigel because it mocks the song of ference today? and send to [email protected] no later than 16th May Cooke has the right blend of other birds and the sounds of A – At least was steely uprightness as well as insects; Harper Lee used it as a thanked. 2013. actually looking the part of the symbol of innocence. There is widower lawyer of model in- no actual manifestation in the John Wolfson The winner of the River Restaurant competition was Tim Andrew from Burton Copeland tegrity.

30 Classified the Messenger Classified Directory

CEDR Mediation Locums Expert Witnesses Situations Vacant

Commercial Property Locum CEDR Mediator Solicitor available. Computer lit- FORMEDECON LTD erate. Recent experience Joe Shammah is a CEDR includes a year’s Commercial Forensic and Economic Services Accredited Mediator, Property Locum work for a lead- Handwriting and Documents CHILD LAW SOLICITOR WILLS & PROBATE SOLICITOR undertaking Mediations in ing commercial practice. Phone Drink/Drive/Toxicology Required approximately 8 years + Commercial Litigation cases Paul Bryson at 01457 763340 or Vehicle Examination Required approximately 3 years + Fingerprints PQE to undertake all areas of PQE to undertake all areas of e-mail [email protected] Evaluation of Loss of Income and Training for Child Care work. probate, trusts and Court of Solicitors and Barristers Glass, Paint, Soil, Foot and Toolmarks Protection work. Senior residential and Road Traffic Accident Reconstructions Ideally candidate will be on the Ideally candidate will be STEP conducting Mediations. commercial property Solicitor Control and Restraint Children’s Panel. Biological Material and Trace Evidence qualified. with over 4 years continuous Blood and Fibres Tel:07860 844481 Locum experience offers you cost Excellent prospects for the right candidate Excellent prospects for the right email: effective solutions for holiday candidate maternity and sickness cover .No Unit 41 Enterprise City Spennymoor [email protected] DL16 6JF Apply with full CV to: Agency fees to pay. Please Apply with full CV to: DX 60185 Ferryhill [email protected] contact Martin Libman on 0161 Tel: 01388 811003 Fax: 01388 811918 [email protected] 485 1240 or 07939 508543. website: www.Formedecon.com Mark Mattison, a Mediator based in South Manchester is 18 years as Locum Solicitors in Couriers available for commercial the North West. Tel John mediations and for training on Bradley/Lynda Greenwood 07790 all forms of ADR. 612906 Available to deal with Conveyancing and Family. 07831 302797 WHY PAY AGENCY FEES? [email protected] Senior Residential Property www.markmattison.co.uk Solicitor with over 30 years coveyancing experience (29 years City centre based couriers covering all aspects of courier work and more. as a sole practitioner) available for holidays, maternity and Contact 0161 272 7576 Mike or Steve. Shareholder Disputes sickness cover. Reasonable rates. If I can help, please telephone David on 07896 617287 (or email Holiday Property [email protected]) Solicitor with 23 years Luxury Spanish Apartment experience in such matters further details and availability. available on an Agency basis Golfing Breaks & Family Holidays DUAL QUALIFIED, very experi- to assist firms who wish to Expert Witness keep clients in-house. enced criminal specialist advo- cate with higher rights. Crime Please contact by email work and Crown Court work. [email protected] Senior Residential Property Very resonable rates, short term Solicitor or telephone/fax: locum contract considered. seeks position 0161 445 1850 Please contact Christine on (full time or part time). 01772 741816 or 07967 530138 Over 30 years coveyancing experience G 2 Bedrooms (1 Double, 1 Twin) (29 years as a sole practitioner) G Pool Anywhere in the Greater G Frontline golf views To advertise in Manchester area. G Excellent family facilities Email: [email protected] G Gated resort with restaurants, pub and shops The Messenger or telephone David on 07896 617287 Prices start from £125 Per Week / £29 per night (min 3 nights) please call Julia Baskerville on www.alhama-golf-rentals.com Qualified Solicitor & [email protected] 01253 829431 non-practising Barrister 07748 327062 seeks full-time or locum or email position. Grasmere in the Lake District Autumn and Winter breaks from £200 [email protected] Expertise includes payment protection insurance & personal injury claims. Willing to The Messenger is distributed to consider other areas of the law. Please contact Adrian Easedale is a delightful rural retreat set in several acres of wooded hillside grounds over 2500 solicitors every month which are graced with the presence of many different varieties of birds, badgers, m: 07870 272 213 deer and red squirrels - one in particular who regularly visits the tree right outside the front door! e: [email protected] There are some well-known walks from the door including Alcock Tarn, Loughrigg, Contact us.... All rights reserved, reproduction in whole or part Fairfield and the Rydal Round. Grasmere village is only a short walk down the hill, without written permission from the publisher is not Notary Public where you will find a wealth of shops, cafes, restaurants and pubs and the famous THE MANCHESTER LAW SOCIETY permitted. Photographic material and manuscripts Gingerbread shop. Dove Cottage and Grasmere lake are also only a short walk 64 Bridge Street, Manchester M3 3BN are supplied at owners risk, neither the company not John Cusack away. Tel: 0161 831 7337 Fax: 0161 839 2631 its agents accept any liability for loss or damage. www.manchesterlawsociety.org.uk Accommodation: Front door entrance into hallway with space for coats and boots. Editor: Fran Eccles-Bech The Society welcomes articles and letters from worldwide documents Door leading off to the sitting room/dining room/bedroom (TV/DVD/CD/Ipod E-mail: [email protected] members on any topic and items should be sent to Notarised docking station), which has high ceilings, period cornicing and large sash win- the above address accessible & efficient service dows with lovely views towards Grasmere lake and Silver Howe beyond. Further Publisher: Julia Baskerville Publications home & office visits doors lead off the hallway to the shower room with corner shower, basin and wc, 25 Southworth Way, College Farm, Thornton Cleveleys The views and opinions expressed in the well-established (since 1984) and also to the well equipped kitchen in a modern shaker style. Lancs FY5 2WW Manchester Messenger are those of the individual & experienced Available for short breaks Friday to Monday, Monday to Friday or week long book- Tel/Fax: 01253 829431 contributors and not of The Manchester Law Society. ings in October, November & December 2012 and January – March 2013 from as E-mail: [email protected] little as £200 Advertising enquires tel: 0797 332 9791 [email protected] To check availability please email [email protected] or call www.baskerville-publications.co.uk [email protected] 07810 793649