ISSUE 123 - MAY 2012

HEALTH WARNING: This magazine contains comments that may disturb the bar

PAGE 2 PAGE 11 PAGE 19 PAGE 27 IBC Report General Ted & Alice Tendering

Circulated FREE to ’ Clerks in the United Kingdom HTTP://MAGAZINE.CLERKSROOM.COM EDITOR’S PAGE

I could not resist a go on the timed Scaletrix circuit track at the IBC conference. I was in the lead until minutes before the end, a female ice clerk stepped up to record a quickest time of the day to win the 1st o job h or the prize. Now I know exactly how Lewis Hamilton must feel when he is C t tool f righ aving the HUHQFH pipped to pole position by 1/100th of a second and no time left to H DOOWKHGLNj FDQPDNH record a faster lap. arket tfolio of m gal por pete My apologies for being a little late with this latest edition, but I wanted to get in as he IRIS Le ps you com T ons hel much useful information and articles as possible following the IBC Conference ding soluti lea which is reported on in detail.

Bob Moss The event was held in Bristol for the first time this year on the 16th June and it was ADVERTISING ENQUIRIES TO: good to see so many regular faces had made the journey westward. It does us all [email protected] good to get out and about from time to time, and helps us appreciate the huge unpaid efforts put in by the Conference Committee to make it all happen.

EDITORIAL ENQUIRIES TO: [email protected] So if the opportunity presents itself, thank Rob Bocock [St John’s Bristol] Jackie Ginty [One Essex ] mark Goddard [Stour Chambers] Fraser Geddes and Mark Rushton [Wilberforce] plus Owen Lawrence [39 Essex Street]. This edition of the Clerksroom Magazine has been kindly supported by the following companies: With the reduction in public funding of cases, and the increase in direct access work, to name but 2 factors affecting the legal market, it may come as no surprise there is an increase in the work load of the Bar Pro Bono unit, and FRU [Free Advantage Office Supply Systems Ltd Representation Unit]. Rebecca Wilkie, Chief Exec at Pro Bono, has offered a few Unit 10, Poole Hall Industrial Estate, articles in the coming months to show how important the clerking role is to the Ellesmere Port, Cheshire CH66 1ST. T: 0151 357 3500 success of helping out. F: 0151 356 3459 E: [email protected] The pace of change in the legal world is now more than ever being dictated to by advances in digital technology. I recall 20 years ago writing about the “paperless office”. We seem to be getting closer to that reality each year, although there are Corner House Design & Print Ltd The Old Chapel, Manchester Road, still firms of struggling to keep up. Working practices that embrace the use Carrington Village, of technology seem to be grasped quicker by most members of the Bar [with the Manchester M31 4BL obvious exceptions to that rule!] than solicitors who have held on with a greater T: 0161 777 6000 numbers of support staff. F: 0161 777 6060 E: [email protected] That advantage may change for those conducting more direct access work as they Clerksroom Magazine is produced under licence by need more support to service the work and keep the BSB happy. JAR Holdings Limited, 9 Old Coach Road, Kelsall, Cheshire CW6 0QL. 07734 995 902 The Olympic torch has not found its way down my road, but then I suppose that IRIS InQuisita , IRIS Meridian Law and IRIS Meridian Law Connected was to be expected as I live on a cul-de-sac. The Government got back £500m

First class products with comprehensive support representing the “underspend” [if that is the right expression] on the Olympics. I and technical services, only available from IRIS Legal wonder if we will see any benefit for not spending such a large sum of money.

ISV/Software Solutions Custom Development Solutions Mobility Solutions 0844 815 5580 [email protected] www.irislegal.co.uk 1 MAY 2012 ~ ISSUE 123 A R T I C L E What other chambers Conference Welcome are saying about IT... By Rob Bocock

A very warm welcome to this years IBC Annual Conference, the first I They are, quite simply, the most believe, to be held in Bristol. professional IT company that I have dealt with in a career spanning over 25 years. Now the theme for today’s event “To austerity and taken to translate work done into fees paid increases, - Tony Hilll,, beyond” may provoke mental images of a 1995 computer there is an additional burden placed on the fees clerks to Senior Clerk, animated, comedy film, featuring a toy cowboy and a bring in the cash. This clearly puts a renewed focus on Rooppewalk CChhamberrss supercilious space-ranger, but the focus for today is a far identifying who your best clients are and ensuring that you ...by far the most superior more serious one; how, we respond to the economic, do everything within your power to retain them. support service that I have regulatory and business structure changes, taking place in enjoyed since I started using personal computers...I have no what has become a rapidly evolving marketplace. I think it is telling that even the court service has had to hesitation in recommending IT W O R K S F O R Y O U R C H A M B E R S respond to the current challenges. I know of one court that them to others. I’m sure I am not alone in experiencing that telephone call will generally no longer accept solicitors’ undertakings to - Andrew Arrdden QCC,, or letter received from an instructing solicitor, explaining pay issue fees, the position now, no issue fee, no hearing. Head ooff Chamberrsss,, MANAGED IT SERVICES ENCRYPTION SERVICES Arden Chamberrss that their client had gone bust, that they had not been The ultimate one stop shop We can help you comply with placed in funds, followed by the inevitable question The economy is also having an impact on the number of ...I have found them responsive for the management, the latest Bar Council recom- maintenance & proactive mendations on Encryption "would we be prepared to share the pain?” barristers applying for silk, despite the QC selection panel to calls for help and knowledgeable regarding both support of your entire IT, with our experience Or perhaps hearing that expression when agreeing fees: reducing the application fee year on year, most recently to soffttware and hardware. voice & data systems. encrypting whole systems. “the clients are very cost sensitive”. £1,950 + VAT, the number of applications had dropped by - Janet Eades, How we choose to respond will depend on a number of just under 15% to 214 from 251 the preceding year, which Chamberrss Manager CJSM SECURE EMAIL BUSINESS CONTINUITY &ĂƌƌƌĂĂƌ͛͛ƐƐƵŝůĚŝŶŐ considerations but the message is clear, it’s a tough market is an all time low. By liaising with CJSM and We analyse your business performing all necessary work processes, identifying risks out there. Their Customer care is first class. we get your Chambers up and and vulnerabilities, then im- Or is it because what there is, is being done by senior - John Hubbardd,, running on CJSM quickly and plement and manage a solid Senior Clerk From personal experience I think there are many more juniors? As a clerk, many of you will be expected to know effortlessly. robust contingency solution. ϯŽĐƚŽƌ :ŽŚŶƐŽŶ͛͛ƐƐ ƵŝůĚŝŶŐƐ solicitors now, who perhaps as a consequence of having the answers to the current economic crisis, along with the their fingers burnt in the past, are now much more name of the next winner of the Cheltenham Gold Cup, the ..the knowledge of their staffff has REMOTE ACCESS REMOTE SUPPORT prepared to ask for money up front. Not before time...! Grand National or the winning numbers for tonight’s helped us improve both the Secure Remote Access tech- We save you time by connect- I have no doubt that back in the 2nd quarter of 2008 lottery. If a crystal ball is not already part of a clerks’ reliability and resilience of the nology can allow staffff and ing to problem computers when things started going wrong there was an standard kit, then it certainly should be…. computer systems that we have tenants to access their files remotely, minimising down- and applications from any time and getting you back to understandable reluctance to do so. in Chambers. - Dan Bunce, web-enabled PC on the planet work more quickly. Especially so, when many may have felt that it would have While there may be an understandable reluctance to use IT Manager potentially jeopardized what had previously been a long the expression “green shoots of recovery” there may be Garden Court Chamberrss To learn more call 020 33 55 7334 or visit and successful solicitor/client relationship. some light at the end of the tunnel, or, is it someone with www.cbsit.co.uk a torch bringing more bad news..? It also follows that as debtor days go up, and the time t: 020 3355 7334 2 Continued on page 5 ... e: [email protected] MAY 2012 ~ ISSUE 123 w: www.cbsit.co.uk A R T I C L E

...continued from page 2

So what about beyond? So where does this leave the high volume, low end, low quality, low value work? In the last few months we've seen some new contenders arrive on the scene, in the form of; Riverview Law; the Speaking at the Association of Costs Co-op are now piloting a new family law offering in Conference last month, Lord Neuberger MR reiterated London, and Eddie Stobart Barristers has emerged. his concerns that the hourly rate “leads to inefficient practices..." and "at worse it rewards and incentivises The recent approval by the SRA for Russell Jones and inefficiency”. Walker to become an ABS, brings the current list of alternative business structures licensed by the SRA up to It will be interesting to see what the future brings, if, as 7. It has also been widely reported that proposed in the Jackson report, the recoverability of too are gearing up for ABS status. success fees is abolished, along with ATE insurance. Perhaps as Neuberger suggests, “damages-based I find it interesting that over recent years we've also agreements” (DBA’s) will play their part in the future if seen a number of solicitors firms choosing to adopt a regulation permits. The market will find its own rate, one similar business model to that of chambers. that will ultimately be dictated to by the consumer. Namely relatively senior partners or established practitioners, who are specialists in their given fields, It would appear that some of the larger household operating with a very lean administration team. names are now wishing to add legal services to their existing portfolios; perhaps the answer, is for existing In some cases out of serviced offices, or from home, thus legal service providers to create a stronger brand. If you keeping overheads to a minimum and being able to ask a layman to name a barristers’ chambers, I suspect provide quality advice at a fraction of the cost of larger they would struggle, let alone name a clerk. firms. Who'd have thought that solicitors would end up copying the bar...! I like many clerks of my era, graduated from the school of hard knocks. It strikes me that for many; the choice is either high I subsequently embarked on the IBC’s business & volume commodity legal services or niche, specialist finance course and passed. legal services that are aimed at the higher end of the I would encourage any junior clerk to do the same not market and are able to attract premium rates. least for the networking opportunities which it presents, but also for the valuable qualification that it provides. On the 16th May the SRA Board agreed, that setting a minimum salary level for trainees above that of the It is my view that the success or failure of any business national minimum wage was not in the public interest will depend upon its speed and ability to respond to a but in order to minimise impact, the change will not be rapidly changing marketplace. Yes there will be some introduced for two years. casualties, but as always, what some see as adversity, others will see as opportunity.

5 MAY 2012 ~ ISSUE 123 ARTICLE What makes a clerk tick I got talking to Cathy Hugo at the IBC Conference in Bristol. She was a long way from home as she works at Fenners Chambers in Cambridge. Whilst I cannot have any favourite interviews, I have to say this was one of the best! Cathy started working in Chambers in London in 1994. She spent 3 years at the Chambers of Mark Strachan QC at 1 Crown Office Row (now 3 Hare Court) before joining East Anglian Chambers in 1997. Cathy joined Fenners Chambers in 2002 as the First Junior Clerk and manages the day to day running of the diary. Cathy is a member of the Institute of Barristers Clerks. Why did you become a clerk? No one would take me on to train as a legal executive What irritates you the most? and I was working in a factory having completed my A- Arrogance and ‘Woe is me’ attitude Levels. Writing to the IBC seemed like a good idea at the time….and so it has proved to be! What is the best aspect of the job? The diversity of the people we deal with and taking a So far what has been your best moment in pride in M.O.C.’s achievements. Established Chambers? I am hopefully about to have it. A Senior What is the worst aspect of the Family Practitioner is about to be job? provider of appointed to the Circuit Bench and she At the moment, the negativity has asked me to join her for the surrounding changes that affect the high quality ceremony. I am very honoured to be future of the Bar. asked, proud and delighted. What is your best characteristic, Creative Design, What has been your worst moment clerking or otherwise? in Chambers? I would have to say loyalty. Many years ago (and anyone who has Artwork & Print ever been a junior Clerk in London As a working Mum who starts at should be able to relate to this), I was 7.30am and to quote you: “doesn’t to the legal bringing a very full trolley load of boxes do marriage”, define your normal of files over the road from the High working day from waking up to Court. In those days you were only falling asleep. professions. permitted to use the spiral stone My alarm springs into action at 5:45am staircases and the trolley and strap gave way spilling the and I am always convinced that it has got it wrong! I contents all the way down the stairs. It was made far must admit to having a 10minute snooze and then drag more embarrassing by the fact that a rather handsome myself out of bed to complete the usual ablutions. I stranger saw the whole thing and offered to help me wake up the kids and the other half and grab 0161 777 6000 pick it all up. I was mortified. There have been many something, hopefully not too mould ridden, out of the others that I have clearly erased from my memory! fridge for lunch. The car journey only takes me about 10- 15minutes into Cambridge, so no stress there. Who has been the greatest influence on your Arrive at work around 7:30am and immediately start up career? the coffee machine. Breakfast is a late affair (I never Two people really. The first was James my Senior Clerk at have been able to eat first thing in the morning) so One C.O.R. He made me work very hard but also made around 10ish I grab a bowl of flakes. My usual morning me see the potential in sticking with it and Fraser consists of replying to the plethora of e-mails I have McLaren at E.A.C. who just threw me in the deep end received and usually trying to write a few of the pile of and made me get on with it! CFA’s on my desk. Then booking in briefs and instructions and dealing with phone calls galore.

Continued on page 8 ... 7 MAY 2012 ~ ISSUE 123 ARTICLE ...continued from page 7 I try to walk at lunchtime if only to get away from the Talk us through your maternity leave. phone. My usual route takes in the majestic beauty of I basically had my first baby the day after I stopped work the Backs. and he was one day early. I had four months maternity Afternoons are always busy, not least because I am one leave, during which chambers thankfully paid me full of the two criminal clerks in chambers, alongside my pay. I came back to work full time after the four months. other main clerking areas, including P.I. and Family. For My partner gave up his job to care for the children. My this reason afternoons tend to fly by and leave an second son was born 10 days late, and unfortunately occasional spare few minutes to take a strategic look at due to the fact you cannot work past your due date, I the diary for the weeks ahead. had 10 days at home and just under four months off Direct Access clients seem to dominate quite a bit of the afterwards on the same basis as before. Basically you clerks’ time in chambers at the moment, so they also have to make some hard choices and make some make a regular appearance in my day. sacrifices. I was very fortunate. I try to leave at a sensible hour, with the prospect of spending some time with my family. I get home to a Do you have any bad habits? warm welcome or a testosterone filled hornets’ nest! Yes many I am sure, but I am told the worst one is Either way, I hope to be the calming influence!!! I am leaving my clothes all over the floor and my stuff all over very fortunate to have a stay at home partner and so I the house so my other half has to clear up after me. am not responsible for the lovely meals I enjoy sat around a table with my family every night. Bathing small Your favourite film? children, reading, homework, spellings etc. etc. comes Toss up between Pulp Fiction and Mary Poppins. I love next and the usual bedtime routine of placing the Tarrantino but I am also a child of the seventies! children in their beds only to find them standing in the What car do you drive? doorway of the living room at least another 14 times Vauxhall Corsa before they will eventually stay in their beds. Then it is tidy up the carnage and sit down with a cuppa/large What’s on your iPod? glass of vino and C.S.I. or Q.I. alternatively off to a All sorts – Plan B, Maroon Five, The Jam, and Genesis! Zumba class to sweat it all out. Bedtime is as early as possible – usually 9:30ish. How do you relax? With a glass of wine and my family around me.

Continued on page 10 ... 8 M AY 2 0 1 2 ~ I S S U E 1 2 3 ARTICLE A R T I C L E ...continued from page 8 What event anywhere in the world would you A huge supply of Agatha Christie novels or audio books “To austerity and beyond” most like to witness? on my IPod. There are way too many to pin down, so I am going to By Edward Garnier QC, MP The Solicitor General keep it simple – my friend and colleague Lindsay’s If you had not gone into clerking, what would [Key note address to the IBC Conference 2012.] wedding this December in St Pancras Station. you have become? Your conference chairman, Robert Bocock, has asked me system without addressing the vexed question of legal to offer you some thoughts on a few areas of topical. aid reforms. The Government’s bill to reform legal aid Name one person you would like to have dinner Well, I always wanted to be a child psychologist, but For my part, doing a job in Government, so closely received Royal Assent last month. Publicly funded access with and why. sadly maths and science were not my strong points! I associated with the law and the profession which has to the law, to advice, and to the , is an essential My other half – we never get to have dinner just the would probably have ended up somewhere else in the been such a big part of my life for the last 35 years, is prerequisite of any civilised and compassionate society two of us. Failing that, Stephen Fry, because I love his legal profession or working with children. hugely rewarding. I have never been a very political and it will be maintained, even if to a different extent or sense of humour and fun and he is a man who can eat i.e. I wouldn’t feel that I had to pick the skinny option! So what does make a clerk tick? politician – unlike William Hague or Harold Wilson, who in different ways than before. The work will still be were active politically from early childhood – I did not available but we must be adaptable and open to new If you were stranded on a desert island, what 2 I have been a clerk for nearly 20 years and I am still not want to be an MP or even join a political party until I ideas. I don’t shy away from saying that, much as we items would you take with you? sure! I have met many clerks and they all bring was 30. My twenties were spent in passing exams, would like to spend a growing percentage of public something different to the job. I suppose diplomacy or starting my career at the defamation bar in Brick Court money on greater areas of legal work, we cannot afford Soft toilet paper – a must. sheer bloody determination! and establishing a family life. to, and thus we must face up to the challenge. It will not be easy; it may not be what we are used to, or I’d like to share with you some thoughts about topics I what we want. It has led, and will lead to, arguments hope may be of interest to you. Reform of the justice and differences of opinion between individuals, system will be, I am sure, a subject of keen interest to all chambers, firms, the professions, judges, and of us. The urgent need to tackle the deficit we inherited Government, as we seek to adapt to the new era of less on entering office has required the Government to public money. But I firmly believe that we can do it implement reform of the justice system and has, of without detracting from the quality of justice. course, dictated some of the changes which have been made.

But irrespective of the current economic situation, the Government believes that reform right across the justice system is necessary to ensure we have a system which operates effectively and efficiently, and which is fit for the future.

Legal aid reforms

It is impossible for me to talk about reform of the justice

11 Continued on page 13... MAY 2012 ~ ISSUE 123 ARTICLE

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We spend over £2 billion a year on legal aid and ours is among the most expensive schemes in the world. The reforms being introduced by the Ministry of Justice aim to make significant savings, deliver better overall value for the taxpayer, target legal aid to those who need it most, and discourage unnecessary and adversarial litigation at public expense. The system will be re-focused on the most urgent cases where people’s life and liberty are at stake, and where there is a crucial public interest in ensuring access to taxpayer funding.

But I stress, it is not just about cost cutting. The Government’s aim is for courts to operate more efficiently, for disputes to be resolved more speedily and at an earlier Conference delegates stage, and for the legal sector as a whole to be competitive and consumer focused. Legal services are a hugely The reforms to the justice system will not only affect the important sector of industry. private sector. The Crown Prosecution Service too is facing change. The inexorable rise in the numbers of in-house Whether in the provision of legal services, the use of our advocates at the expense of those outside has ceased, as courts for the resolution of disputes, or the application of the Attorney and I have required the restoration of a proper English law for contracting, the UK is truly a global centre of balance between the private referral profession and the excellence. People turn to us because they know they will CPS. find world class, highly specialised practitioners and expert judges in the specialist courts. Last year the Crown Prosecution Service introduced a new scheme for the delivery of prosecution services in court. All These strengths help to explain why the Legal Services advocates undertaking prosecution work must now be sector contributed around £19.3bn to the UK economy in members of new, quality-controlled CPS Advocate Panels. 2010, approximately 1.3% of GDP. Legal services exports for The panels will be open to all barristers and solicitor 2010 totalled £3.6bn in 2010 - over three times more than advocates, and panel members will complement and work at the beginning of the decade. This is a spectacular alongside CPS in-house advocates. Although the overall achievement. number of advocates on the panels will be reduced, those advocates selected will have more opportunity to undertake Our expertise in law, particularly commercial practice, and prosecution work. our judicial and professional integrity are national strategic assets and are central to the success of the UK economy. This initiative will help maintain the high standards of Why do foreigners want their disputes arbitrated here? advocacy amongst prosecutors and ensure justice is Because – said one I’ve spoken to recently – ‘you can’t buy delivered in Court. We will not tolerate poor advocacy from a British judge or British ’. I want the rest of the world either private or employed advocates acting for the to see us as the place to do business and as a centre of prosecution and those who cannot come up to scratch, be excellence for legal work. We can only maintain and build they in or outside the CPS, will not be offered the work - nor on that success if we continually strive to improve the should they. quality of the legal services we, as a nation, provide.

13 Continued on page 14... M AY 2 0 1 2 ~ I S S U E 1 2 3 ARTICLE ...continued from page 13 Secure Email from an unsecure email [email protected] or some such must stop. I must briefly mention security in this context. Secure email is a prerequisite for work on, not only the CPS Another area in which you are well placed to effect advocate Panels, but all Government panel work. The change is in securing new opportunities for your move towards digital working in all areas of the justice counsel. There is a huge range of interesting and system means that it is essential that electronic challenging work available which is publicly funded and communication can be effected securely. The use of which should not be overlooked. On a conservative electronic case files by the CPS has been introduced in estimate, the Government spends somewhere in the all areas now, leading to simpler, faster, more cost region of £150 million per year on counsel’s fees, effective preparation of cases and simpler, faster and including spending by the CPS on counsel. more cost effective exchange of information with police, courts, prosecution and defence counsel. The move to a Talent Scouts digital CJS is happening and will affect all of you involved in criminal work. You are uniquely placed to act as talent scouts, identifying those in chambers who ought to be applying Moreover, this is pre-eminently an issue in respect of for a place on the advocacy panels, whether that is to which you can make a real difference to the success of do civil or criminal work. I am determined to see the your businesses. Before I leave the topic of security, a private bar survive and indeed thrive and will champion plea to those of you with a bit of influence in your measures to support it. Why choose chambers. A large number of barristers have access to It is incumbent upon all of you to think imaginatively CJSM (the ‘criminal justice secure email system’). Please about how your chambers can be successful as a us as your impress upon them that it is essential that they use it. business. The practice of sending personal data across the ether one supplier?

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Deferred Prosecution Agreement circumstances have compelled us to look very hard at the current way of doing things. But I remain extremely Gill Butchard I have been leading on the policy development of positive about the future of the law within our economy Principal of Butchard Associates Deferred Prosecution Agreements and how we aim to and as a profession. It's at times like this, when one has bring them into our jurisdiction. Crispin Blunt in the a difficult case to make, that I draw comfort from the Ministry of Justice and I launched the Government's strength and resilience of the traditional legal hack. Do you have a Mailshot or public consultation on DPAs last month. Perhaps you know of the case in the Court of Appeal in Under a DPA the prosecutor and a commercial which the appellant's counsel was making heavy Marketing Event to Organise? organisation agree that in return for its complying with weather of a pretty hopeless criminal appeal. The a range of conditions the prosecutor would defer or presiding Lord Justice, beginning to lose patience but Are you snowed under, and have suspend for a given period a criminal prosecution. A not his manners, stopped counsel in mid-stream. prosecution against a commercial organisation would be "Isn't the difficulty you face, Mr Smith, that the evidence no time to deal with it? brought, but only continued to trial if tough before the jury showed that your client was driving the requirements such as the payment of financial penalties van when it was stopped by the police, that in the back and compensation for victims, the recovery of ill-gotten of the van was a large cardboard box all over which Perhaps I deal with it for you. Can I help you with any of the following? gains and compliance with measures to prevent future were found your client's fingerprints and inside which I Manage the Marketing Event offending policed by independent monitors were not was found a vast quantity of Class A drugs?" Mr Smith I Co-ordinate the mailshot adhered to. The overall agreement between the parties, replied, "Let me put it this way, my Lord. Here on the I Co-ordinate the responses and then its precise terms, would have to be formally bench beside me is a copy of Archbold. It is my Archbold approved by a judge sitting in the Crown Court and then and I brought it here. But no one has ever suggested I Co-ordinate the production of handouts/marketing material announced in open court. that I know what's in it." I Carry out the event ‘follow up’ for you In this innovative area, counsel will have a critical role to play and I do need to stress that DPAs would not be a substitute for Gill could also help you with: prosecutions but an additional weapon in the prosecutor’s armoury, providing the Supplier review Debt Collection flexibility to secure appropriate penalties Expenditure Analysis/Review Holiday/Sick cover and better outcomes for victims in Management Reports Job Training appropriate cases. Database Management Procedural review

The traditional legal hack Client Management Business Review Marketing We are all facing difficult challenges in the For more info: current economic climate. Present LEX at the conference See Gill’s website at www.butchards.co.uk Email: [email protected] Tel: 0772 591 1320 16 www.butchards.co.uk MAY 2012 ~ ISSUE 123 ARTICLE - a problem shared!! Some more of your printable offerings!

Dear Ted & Alice, clerking salaries are declining and fees admin has I have watched a lot of the Euro football and stayed constant. In London both have reduced have to say I don’t like the shorts they wear with clerks still wanting more than the Serviced Office Facilities: these days. Actually, they aren’t “shorts” at all, experienced fees clerk. How would that stand up G 218 Strand offers UK and overseas lawyers the opportunity to but more like culottes. The Italians, who you to an equal opportunities investigation? would expect to be fashion conscious, are the share resources in a serviced office suite, directly opposite the worst. Most of them you cannot even see their One line of thought is that chambers are pushing Royal Courts of Justice in the Strand, London WC2. knees! Whatever happened to the nice tight people who aren't cut out for clerking into fees shorts which looked very appealing from behind admin jobs. G The reception is on the 3rd Floor and staffed 8.30am - 6pm. G Meeting Room available include Single rooms for 1-50 people Chamber income has declined across the board Ted: They have all retired! especially for criminal fees. Larger chambers up to Mediation Suites. requires clerks to cover the broad spectrum of Alice: Time to watch some rugby, probably league responsibility so chasing fees and organising rather than union. They have still got the right marketing events is just not possible anymore. As We Also offer: “attitude”! And I’m not even a Northern Lass! a result finance and marketing positions are G Copying Printing faxing & Wi-Fi being established leaving clerks just doing diary Dear Ted & Alice, and booking in papers. Some will argue that the G Hot desking or a quiet corner Is it my imagination, or is there a two tier salary amount of knowledge needed for those tasks is G DX exchange in the building system in chambers with fees clerks being paid less than those dealing with all aspects of billing, less than clerks? I would argue the job is more claim forms, and debt collection. As a result clerks G As much tea & coffee as you need! complex than clerking, but then I am underpaid are becoming de-skilled as their role in chambers G fees clerk! diminishes, and narrows their opportunities in the Membership for individuals and chambers job market. Ted: You are just not in the sexy part of the team. You’re not the flashy centre forward who swans Disaster Recovery Suite: around the penalty box for an hour and twenty G Suite with 24/7 availability of hot desk PC’s connected five minutes while everyone else grafts up and Send in any special stories about the Olympics over the down the pitch, then grabs the headlines with a next couple of months. This can include getting it off your to the Internet. tap in goal even the Head of Chambers could not chest about London Transport [or the lack of it]. miss. You are the centre back whose only chance of glory is getting away with pulling some ones Ted and Alice have their own email address so you can Contact Us: shirt under the nose of a blind official. send in your stories, moans and groans, and have your 218 Strand, London, WC2R 1AT say direct to them. Alice: face it: you are only as good as the last cheque T: 0845 083 3000 F: 0845 083 3001 you collected! But seriously, have you noticed Their address is: [email protected] . that some adverts for fees admin positions are Names and addresses are always withheld in the DX: 232 London Chancery Lane E: [email protected] showing much lower salaries. In provinces magazine, so feel at liberty to let off steam! www.218strand.com 19 MAY 2012 ~ ISSUE 123 ARTICLE New management qualification course for Barristers’ Clerks launched

The Institute of Barristers Clerks recently announced, in Peter Warner, Principal of Warner Consulting, said, ‘The conjunction with UMD Professional Ltd and Warner impact of the Legal Services Act on the Bar has been Consulting, the launch of a new joint initiative to profound in the range of ways in which advice and provide specially designed management training leading advocacy will be delivered in the future. The to a nationally recognised qualification. The introduction of this programme is timely and aims to management course which leads to the Institute of deliver real practical benefits so that Chambers can Leadership and Management (ILM) Level 5 Diploma in compete effectively in the changed legal landscape. The Leadership and Management is a two year programme programme is designed to deliver a range of tools, based around evening workshops to fit in with the techniques and skills that will equip Clerks to be reality of the working life of Clerks. successful and highly competent managers.

In addition, Clerks and Practice Managers who Fiona Stuart-Wilson, Director of UMD Professional said. successfully complete the level 5 Diploma can build on ‘We are delighted to be working with the IBC to provide their qualification with further distance learning study this course for Clerks. We believe that this specifically with UMD Professional’s partner university to achieve a tailored programme will provide a useful and important BA (Hons.) in Professional Studies or Business addition to the development opportunities available to Management. Clerks and Managers and bring additional benefits to their Chambers.’ Mark Rushton, IBC Education Secretary said, ‘The IBC has extended its educational role through this new The course is open to all Senior Clerks and initiative and we are pleased to have developed this Practice Managers but IBC members will receive programme in association with UMD Professional and a discount until the end of this year. For more Warner Consulting to provide further benefits for our information about the course please contact members. Management issues are of rising importance Peter Warner on 01844 201846 or Fiona Stuart- to many of our members and we are confident that this Wilson on 020 8255 2070, or visit course will provide relevant and practical management www.umdprofessional.co.uk to download a full training in an increasingly regulated environment, as prospectus. well as providing a nationally recognised qualification.’

20 MAY 2012 ~ ISSUE 123 ARTICLE ARTICLE Essex Street seems to be the place to be these days Fees comparison websites

About 1,400 solicitors, barristers and in-house lawyers before the Singapore courts, which indicates that there Comparison websites have been around for some time now. They are used by many to research products attended annual awards event at London’s is likely to be an increased demand for specialist silks and services quickly and without obligation. So are we a step away from legal fees comparison websites? Will they just apply to the Bar Public access work? Grosvenor House Hotel, hosted by Jason Manford. from the UK. Following a recent delegation to the region Chambers of the Year [Sponsored by Coutts] was won that involved a number of meetings with the Singapore “Our experience tells us that issues around the cost and by . Runners-up were 3 Verulam Government, we felt it was the right move to now pricing of legal services are a key driver for complaints in legal services.” Buildings with coming in third. develop a presence on the ground there.”

As well as publishing a report, the Ombudsman has of the Year [Sponsored by Harbour Litigation The news comes after the Singapore Government produced a guide for consumers, to help them ask the Funding] was won by Robert Jay QC, Thirty Nine Essex launched a consultation last summer, recommending right sort of questions when first enquiring, and a guide Street, who has been constantly in the press over the that QCs and other senior foreign counsel be granted for lawyers, to help them prevent complaints or resolve them quickly if a problem arises. past year for his work at the Leveson Inquiry. He will advocacy rights in the region for the first time in more have been a popular winner with non-lawyers who have than a decade. We may not have all the answers yet, but clues come Consumer interest group, Which?, welcomed the watched him live throughout the Inquiry cross from the Legal Ombudsman. guidance. Head of campaigns, Louise Hanson, said: "Too examining a host of politicians and celebrities. Not many will satisfy the new framework requirements many disputes with lawyers are due to 'bill shock' but issued by the Singapore Legal Industry Division, Ministry In a new report published in March, Chief Legal people can prevent nasty surprises in their final bill by asking the right questions. Charles Gibson QC, Henderson Chambers was second, of Law. It includes being Independent Counsel not Ombudsman, Adam Sampson, says the legal profession must learn the value of clearer pricing information and with Stuart Catchpole QC, also from Thirty Nine Essex attached to a law firm but who operate independently good customer service or risk falling behind more “This guide from the Legal Ombudsman will help Street taking third place as barristers or advocates in jurisdictions where the marketing led companies in the long run, and cost is the anyone planning to use a legal service get the profession is not fused. single most common cause of complaints from people information they need to help manage the costs." Adam Singapore about their lawyers. Sampson added: “Some lawyers are as yet still reluctant to recognise that their clients are also customers. The Eligibility includes being a Senior Counsel or Queen’s The report, titled “Costs and customer service in a notion of “customer ‟ turns the traditional relationship and 39 Essex Street have both Counsel for 5 years working independently with strong changing legal services market ‟, uses the stories of real between lawyer and client on its head. announced plans to open in Singapore. The sets and credible endorsements from referees based in people who came to the Ombudsman with complaints will take office space in Singapore’s arbitration Singapore or senior Judges in the foreign jurisdiction(s) about costs to illustrate difficulties faced by consumers. “In most businesses, the customer holds sway and can and mediation Centre, Maxwell Chambers, and in which he practises, not being an advocate in pick and choose which services to buy from which provider. This type of relationship is increasingly the so join 20 Essex Street and Essex Court jurisdictions where the profession is fused, not be Since launching in 2010, 20-25% of the Ombudsman’s investigations have involved issues related to cost, either norm even in the legal sector.” Chambers who moved in three years ago. employed by or affiliated with any particular law firm, where a consumer felt they had been over-charged, and be available for appearance in the Singapore courts confused, or surprised at the costs presented to them by In recent years the arrival of price comparison websites David Barnes, chief executive and director of clerking at for at least 20 days each year. their lawyer. has begun to swing things in consumers’ favour. 39 Essex Street, was quoted in as saying: Likewise, larger, more consumer focussed companies are now offering fixed price services, meaning customers “We’ve been receiving instructions from clients in Asia Application is to the Selection Committee for a licence. Introducing the report, Adam Sampson said: “Good service in any sphere includes ensuring that a customer know exactly where they stand. The Chief Legal for a number of years across Hong Kong and Selection of three to five Independent Counsel will be is not bamboozled, but provided with clear information Ombudsman expects the rest of the profession to take increasingly Singapore. The Singapore Government has made, with an initial licence validity period of three about what is going to be provided and at what cost. heed: “Firms that fail to adapt their approach will moved to relax the rules for foreign counsel appearing years. ultimately lose customers” he said.

22 23 M AY 2 0 1 2 ~ I S S U E 1 2 3 M AY 2 0 1 2 ~ I S S U E 1 2 3 ARTICLE Teaching Maths in Britain A fees clerk [not the one in Ted & Alice this month was complaining about the lack of accurate basic maths offered by some job applicants for a junior fees clerk position. She sent me the following email which explains how maths tuition and test papers have changed over the years.

1970 he is in jail again the Gypsies cut down the rest of his wood A logger sells a truckload of timber for £100. His cost of and sell it on the black market for £100 cash. They also production is 4/5 of the price. What is his profit? have a departure BBQ of squirrel and pheasant and leave behind several tonnes of rubbish and asbestos sheeting. 1980 Do you have Members who want A logger sells a truckload of timber for £100. His cost of The forester on release is warned that failure to clear the fly production is 80% of the price. What is his profit? tipped rubbish immediately at his own cost is an offence. He to become mediators? complains and is arrested for environmental pollution, 1990 breach of the peace and invoiced £12,000 plus VAT for safe A logger sells a truckload of timber for £100. His cost of disposal costs by a regulated government contractor. production is £80. How much was his profit? Is Chambers looking to create Your assignment: How many times is the logger going to 2000 have to be arrested and fined before he realizes that he is a Mediation group? A logger sells a truckload of timber for £100. His cost of never going to make £20 profit by hard work, give up, sign production is £80 and his profit is £20. Your assignment: onto the dole and live off the state for the rest of his life? Underline the number 20 The London School of Mediation is geared to provide quality training at very competitive 2012 prices for the individual up to large groups. 2005 A logger doesn’t sell a lorry load of timber because he can’t A logger cuts down a beautiful forest because he is selfish get a loan to buy a new lorry because his bank has spent all and inconsiderate and cares nothing for the habitat of his and their money on a derivative of securitized debt The 2011 and early 2012 courses will bring the total enjoyable each time and we are very much looking animals or the preservation of our woodlands. related to sub-prime mortgages in Surrey and lost the lot, of major events to 90 on which the London School forward to meeting each group, whether it is on the Your assignment: Discuss how the birds and squirrels might with only some government money left to pay a few million- of Mediation faculty have worked together all UK Model Five Day course, or on the CPD days. feel as the logger cut down their homes just for a measly pound bonuses to their senior directors and the traders who around the world. The courses get more and more profit of £20. made the biggest losses.

2009 The logger struggles to pay the £1,200 road tax on his old A logger is arrested for trying to cut down a tree in case it lorry. However, as it was built in the 1970s it no longer Mediation Training Courses 2012/ 2013 may be offensive to religious groups not consulted in the meets the emissions regulations and he is forced to scrap it. application for the felling license. He is also fined a £100 as his chainsaw is in breach of Health and Safety legislation as Some Bulgarian loggers buy the lorry from the scrap If you need any more information, or wish to book a place: it deemed too dangerous and could cut something. He has merchant and put it back on the road. They undercut Please Contact Bob Moss on Tel: 07734 995902 or used the chainsaw for over 20 years without incident everyone on price for haulage and send their cash back email: [email protected]. however he does not have the correct certificate of home, while claiming unemployment for themselves and competence and is therefore considered to be a recidivist their relatives. If questioned they speak no English and it is 9th to 13th July 218 Strand London Mediation Full course 5 Days and habitual criminal. His DNA is sampled and his details easier to deport them at the governments expense. circulated throughout all government agencies. He protests Following their holiday back home they return to the UK and is taken to court and fined another £100 because he is with different names and fresh girls and start again. The 23rd to 27th July Manchester Mediation Full course 5 Days such an easy target. logger protests, is accused of being a bigoted racist and as his name is on the side of his old lorry he is forced to pay 17th to 21st September 218 Strand London Mediation Full course 5 Days When he is released he returns to find Gypsies have cut £1,500 registration fees as a gang master. down half his wood to build a camp on his land. He tries to 15th to 19th October St Paul’s Square Birmingham Mediation Full course 5 Days throw them off but is arrested, prosecuted for harassing an You do the maths ethnic minority, imprisoned and fined a further £100. While 10th to 14th December 218 Strand London Mediation Full course 5 Days

24 14th to 18th January 2013 218 Strand London Mediation Full course 5 Days MAY 2012 ~ ISSUE 123 ARTICLE ARTICLE Looking for a golf publisher It’s Time to take Tendering Seriously (part I) By John Binks I do like a sense of humour, especially about a sport I like to play. So my apologies to the non-golfers. Email from a clerk who wishes to publicise his new book reads: The tendering by local authorities for the services of counsel is now common place. Competitions are

I am looking for a good publisher for my new book on A Rock Hudson - thought it was straight, but it wasn't however becoming more serious as authorities seek best value by allocating high volumes of work to golf. It will give the reader valuable playing tips and A Cuban - needs one more revolution relatively fewer chambers. Chambers not geared up to compete are finding themselves locked out of insider information that I have gained through my years An Adolf Hitler - two shots in the bunker comparatively lucrative sources of work on a long term basis. of experience, especially putting. A Yasser Arafat - ugly and in the sand A Kate Winslett - a bit fat but otherwise perfect What Has Changed? decisions are robust and can stand up to challenge if Highlights include : A Kate Moss - bit thin On both a local and national level purchasers of needs be. A Gerry Adams - playing a Provisional publicly funded services have for years been attracted Chapter 1 - How to Properly Line Up Your Fourth Putt An O. J. Simpson - got away with it Chapter 2 - How to Hit a Maxfli from the Rough When A Princess Grace - should have taken a driver to the idea of competition by tender , but have struggled The Process You Just Hit a Titleist from the Tee A Princess Di - shouldn't have taken a driver to get the process right . Chambers have historically In summary relevant EU law differentiates between Part Chapter 3 - How to Avoid the Water When You Lie in a An Arthur Scargill – a good strike but a bad result spent time and effort engaging in such processes, A and Part B services. Part B services are those which Bunker A condom - safe but didn't feel real good Chapter 4 - How to Get More Distance off the Shank A circus tent - a BIG top ‘winning’ and discovering that in reality the victory is would in general only be supplied by those operating Chapter 5 - When to Give the Ranger the Finger An Anna Kournikova - looks great, but unlikely to get a rather hollow. Everyone else seemed to ‘win’ as well, within the borders of the purchasing state. Domestic Chapter 6 - Using Your Shadow on the Greens to result and there was consequently no tangible difference in legal services are generally regarded Part B. Whilst the Maximize Earnings A Vinnie Jones - nasty kick when you're not expecting it the volume of work coming in. tendering process for Part A services is very clearly Chapter 7 - When to Implement Handicap Management A Ryanair - flies well but lands a long way from the Chapter 8 - Proper Excuses for Drinking Beer Before target These outcomes stemmed from badly designed defined, it is less so in the case of Part B. Whilst public

9:00 a.m. processes which failed to identify in reality who the best bodies purchasing legal services may not always follow Chapter 9 - How to Find That Ball That Everyone Else bidders were – so everyone got a contract. Chambers exactly the same process, they should apply the same Saw Go in the Water Chapter 10- How to Relax When You Are Hitting Three that have previously engaged in LSC tenders for high general principles. We should accordingly expect that the off the Tee cost case work will doubtless recognise this scenario process will be commenced by a published ‘notice’. The Chapter 11- When to Suggest Major Swing Corrections well. Recently however local authority competitions have notice will normally invite those interested to register to to Your Opponent Chapter 12- When to Re-grip Your Ball Retriever been run on a far smarter basis, purchasers have complete a pre-qualification questionnaire ( PQQ), The book also includes the latest GOLF TERMS: identified that transparent effective scoring systems are followed by the submission of a tender, which may in A Paris Hilton - an expensive hole crucial. Those running competitions are accordingly some cases may in turn be followed by a final interview/ A Diego Maradonna - a very nasty 5 footer A Salman Rushdie - an impossible read now in a position to allocate high volume work to far presentation stage. A Rio Ferdinand - Lipped out smaller numbers of chambers, confident that their

Continued on page 29 ... 26 27 MAY 2012 ~ ISSUE 123 MAY 2012 ~ ISSUE 123 ARTICLE Continued from page 27 ... The Notice well just come down to price. In formulating your bid there are clearly a number of issues to consider, it needs It is self-evidently vital that you do not miss a notice of a to be competitive, but at the same time realistically tender you want to be involved in. Tenders for part A profitable. The start point is to understand what he services have to be commenced by notice in a specific service actually costs to provide - this means starting to format published in the EU’s Official Journal. The develop an idea of what an acceptable notional income requirements in part B cases are less specific. Local for counsel should be, along with capacity to carry out authorities will doubtless place them on their own websites, work. This in turn will enable an hourly rate to be there are commercial sites that pool all local authority calculated. That rate is the bench mark against which you tender notices, england.unitedkingdom-tenders.co.uk is can test the reasonableness of your bid (or otherwise) useful, and there are doubtless many others. The notice will outline the services being purchased, and probably the A few words on the crucial issue of guidance. The Web Design estimated sum total of the value of the lots. It may give purchaser will publish Information for Applicants (IFA) Websites from £995+VAT details of the projected final number of chambers that will The IFA may have been published at the beginning of the be granted contracts. Crucially it will give the date by which process or may only come with the ITT. If the IFA doesn’t an expression of interest to take part should be lodged come before the ITT there will be separate guidance with the PQQ. Safe, Secure Hosting The PQQ Almost inevitably there will be information missed from from £150 per year Purchasers do not have to go through the PQQ stage, they published guidance .Throughout the process potential may go straight to tender, but henceforth most if not all bidders will be contacting the purchaser direct with local authorities will. The notice will explain how to register additional questions about the process. The purchaser for a PQQ. The notice may also give an indication of how should not answer such questions direct to a single seriously completion of the PQQ should be taken. Whilst bidder alone but should publish all questions and Graphic Design PQQs have previously been used (if at all) by local responses as FAQs to all parties in the process at any one authorities to establish a minimum requirement for those stage. Logos & Branding passing to the tender stage, PQQ are now being used to set Stationery a far higher bar. The notice for a tender in train in the Bidders must ensure that they are completely familiar Midlands ( for work circa £18m over a period of 4 years ) with all guidance throughout the process and in Brochures indicated that no more than 5 bidders would get final particular keep up to date with published responses to Leaflets contracts and that only 5-20 potential bidders would be FAQs. FAQs can significantly alter the rules of the allowed past the PQQ stage. In such circumstances a process, including closing date. All guidance should be Exhibition serious bidder would do well to invest time and effort into followed to the letter. In cases of uncertainty always ensuring that the PQQ is completed as fully as possible. The request further guidance from the purchaser. The & much more... PQQ should certainly not be treated as a formality. purchaser will normally publish a last date at which The Invitation to Tender (ITT) additional guidance may be sought. This will be some time before the final submission date for bids. This is to The degree of information required in the tender enable purchasers to have time to consider questions, For the complete media package, document will vary dependent upon how the PQQ was and allow time for publication of responses. Check for structured. In the Midlands example given above this date. Make sure you fully understand the contact clerksroom digital today elements of the quality aspect of the bid and the capacity requirements of the tender before the ‘last guidance of chambers to deliver the services was scored at the ‘date has passed, after that point the purchaser will not PQQ stage. In such circumstances the tender itself may be able to assist you. 0845 083 3000 www.digital.clerksroom.com 29 MAY 2012 ~ ISSUE 123