President Nick Wynn-Williams reports on another successful Annual Dinner
On the 12th of November the Society held its 163rd Annual dinner at the Molineux. I am pleased to say that despite the gloomy economic situation we had what must have been our best attendance ever, being a total of about 150 Society Members and Guests. We had a considerable number of guests from the Banking and Financial Sector as well as Wolverhampton University. The large number gave a real “buzz” to the evening.
I was honoured to be joined at top table by our Mayor the Right Worshipful Malcolm Gwinnett and the Lady Mayoress, as well as Clive Black the Society’s West Midlands Regional Chair, Chris Clarke our Chancery Lane Representative and the Presidents of Stafford and Walsall Law Societies, Members of the local Judiciary and the President of the local Chartered Accountants Society. In fact Top Table was so full of eminent guests that I had to re-arrange the seating plan!
We kept the speeches to a minimum this year concentrating instead on the Guest Speaker Alfie Moore. The view of Council was that no-one was going to be particularly interested in hearing me ramble on about various issues which related exclusively to the Legal Profession and would hold no particular interest to our other guests. I was particularly pleased to agree to this!
I think those who attended the event will agree that.Council MemberAlex Thompson made an excellent choice in Alfie Moore as our guest speaker. Alfie kept us entertained with his highly amusing tales from his work as a Police Sergeant. I feel Alfie judged his audience well and set a tone appropriate to the event. I am pleased to say that I have had a number of people mention to me how much they enjoyed Alfie’s Speech and the evening in general.
I believe that our Annual Dinner has now become a firm fixture in the Wolverhampton Business Calendar and that word will continue to spread amongst our clients and contacts in other Professions that this is an event well worth supporting.
I would like to thank our Social Secretaries, Alison Westwood and Tracy Davies for their tireless work in arranging not only this Dinner but many more before it and it is with great sadness that I report that after many years service Alison and Tracy have decided that it is time to step down at next year’s AGM. I and my fellow Council members are extremely grateful for their dedication and support over the years.
Finally, thank you to all of you who attended the Dinner and who also brought along guests. Your support is much appreciated.
Friday, 17 December 2010
Wolverhampton Law Society Annual Quiz 2011
The Society’s Annual Quiz will take place on the evening of February 10th. This popular event will be held at “The Lindens” on the Tettenhall Road. As usual a Buffet will be included in the ticket price. Further details will follow in the New Year but why not make this one of the first entries in your diary for 2011!
Tuesday, 14 December 2010
Money Laundering Article
H M Treasury – the Sanctions Scheme and its impact upon Law Firms.
Clive Black Regional Manager at The Law Society (TLS) reports that the Society has been approached by HM Treasury who are finding that smaller firms are finding themselves in breach of its Sanctions Policy without realising that it applies to them. Despite a number of training initiatives run by TLS (including one at Wolves Molineux stadium earlier this year) it seems the message is still not getting through to all firms. In the following article Emma Oettinger anti-money laundering policy officer at TLS provides an overview of the scheme as it applies to the Profession.
Sanctions – what do they mean for law firms?
By Emma Oettinger
The UK government imposes financial restrictions on persons and entities as part of its domestic counter-terrorism regime, as well as those persons proscribed by the United Nations and/or European Union. This regime restricts the receipt of payment from, the dealing with economic resources of and even legitimate payments to, persons on the sanctions list.
In a 2008 survey conducted by the Law Society, 48% of respondents said that they did not check their clients against these sanctions lists. Despite the Law Society providing extensive training and e-alerts on the topic, HM Treasury is still finding smaller law firms and sole practitioners acting for persons on the sanctions list because they have failed to check the list.
Law firms need to realise that the sanctions regime applies to them. They need to consider their client demographic and the risks of breaching the sanctions regime through the transactions and retainers they undertake. While AML systems will assist in compliance, they will not on their own ensure that all sanctions risks are identified and mitigated.
The legislation
Under The Al Qaida and Taliban (Asset-Freezing) Regulations 2010 and the Terrorism (United Nations Measures) Order 2009, it is a criminal offence for any natural or legal person to:
· deal with the funds of designated persons, or
· make funds and economic resources available, directly or indirectly for the benefit of designated persons.
Under the Terrorism (United Nations Measures) Order 2009, you must not make financial services available, directly or indirectly to or for the benefit of designated persons.
Finally, you must not knowingly and intentionally participate in activities that would directly or indirectly circumvent the financial restrictions or enable, or facilitate the commission of any of the above offences.
Who is on the list?
HM Treasury issues a consolidated list of all persons and entities that are subject to sanctions which are effective in the UK. This list can be obtained from:
http://www.hm-treasury.gov.uk/fin_sanctions_index.htm
The persons and entities included on the list come from a wide range of nationalities and currently reside in a wide range of countries.
There are a number of regimes to which financial sanctions have also been applied, including:
· Al Qaida and the Taliban
· Belarus
· Burma/Myamar
· Democratic Republic of Congo
· Persons indicted by the International Criminal Tribunal for the former Yugoslavia
· Iran
· North Korea
· Zimbabwe
Assessing your risk profile
When assessing your firm's anti-money laundering risk profile, you should consider your likely exposure to clients on the sanctions lists.
Due to the wide range of persons and entities listed, it is difficult to categorise the clients that may need to be checked simply by their nationality or country of residence. There are UK nationals and UK residents on the list, so you may still be at risk even if you only act for local clients.
The regimes list is a useful indicator in assessing risk, but there may be some retainers where it is not readily apparent that a person or entity may have some connection to the relevant regime.
You cannot limit the risk assessment to the regulated sector, as the payment of personal injuries settlements and property settlements following a divorce are key situations where HM Treasury are finding solicitors in breach of the sanctions regime. Further, the use of legal aid payments for the benefit of a person on the list will also be a breach of the sanctions regime.
A good indicator of your present risk will often be your previous experience. As such, if you have never checked any of your clients against the sanctions list, you may find it difficult to properly assess your risk. So the first step in assessing risk is actually having a look at the consolidated sanctions list.
Checking individual clients
You may apply a risk based approach to setting up a system for checking your clients against the sanctions lists.
Some key factors which may increase the risk of a person being on the sanctions list and so increase the reason for checking the list inclued:
· Clients or transactions with links to high risk jurisdictions, even if the clients are based locally
· Clients or transactions involving senior political persons from jurisdictions subject to sanctions
· Clients or transactions involving complex corporate jurisdictions with high terrorist financing risks
· Clients who seem unable to receive funds or send funds from a bank account in their name, for no good reason
You can check directly against the publicly available list, by simply undertaking a general ‘control-F’ find search. This may be appropriate on a case by case basis where your firm has a low general risk of working for clients on the sanctions list, but individual clients have higher risk indicators.
A number of e-verifiers also incorporate this list into the databases against which they check for identity information. Use of one of these services may be appropriate for firms with higher risks of dealing with clients on the sanctions list.
You should also have processes which enable you to ascertain whether key beneficial owners or the intended recipient of funds from a transaction you are undertaking are subject to the restrictions, where there are higher risk indicators.
Obtaining a licence
You can still act for a person who is on the sanctions list, but you can only do so with a licence from the HM Treasury Asset Freezing Unit. You may also discuss the person’s sanctioned status and the implications with your client without being concerned about tipping off, as sanctions list is public information.
You must:
· suspend the transaction pending the advice from the Asset Freezing Unit,
· contact the Asset Freezing Unit to seek a licence to deal with the funds, and
· finally consider whether you have a suspicion of money laundering or terrorist financing which requires a report to SOCA.
You must not:
· return funds or deal with the resources to the designated person without the approval of the Asset Freezing Unit
The Asset Freezing Unit has the power to grant licences exempting certain transactions from the financial restrictions. Requests are considered on a case-by-case basis, to ensure that there is no risk of funds being diverted to terrorism. They have also issued general licences which govern certain situations, such as the use of legal aid payments.
For more information on the Asset Freezing Unit and obtaining a licence see their website: http://www.hm-treasury.gov.uk/fin_sanctions_contact.htm
Emma Oettinger is the anti-money laundering policy officer at the Law Society of England and Wales.
Clive Black Regional Manager at The Law Society (TLS) reports that the Society has been approached by HM Treasury who are finding that smaller firms are finding themselves in breach of its Sanctions Policy without realising that it applies to them. Despite a number of training initiatives run by TLS (including one at Wolves Molineux stadium earlier this year) it seems the message is still not getting through to all firms. In the following article Emma Oettinger anti-money laundering policy officer at TLS provides an overview of the scheme as it applies to the Profession.
Sanctions – what do they mean for law firms?
By Emma Oettinger
The UK government imposes financial restrictions on persons and entities as part of its domestic counter-terrorism regime, as well as those persons proscribed by the United Nations and/or European Union. This regime restricts the receipt of payment from, the dealing with economic resources of and even legitimate payments to, persons on the sanctions list.
In a 2008 survey conducted by the Law Society, 48% of respondents said that they did not check their clients against these sanctions lists. Despite the Law Society providing extensive training and e-alerts on the topic, HM Treasury is still finding smaller law firms and sole practitioners acting for persons on the sanctions list because they have failed to check the list.
Law firms need to realise that the sanctions regime applies to them. They need to consider their client demographic and the risks of breaching the sanctions regime through the transactions and retainers they undertake. While AML systems will assist in compliance, they will not on their own ensure that all sanctions risks are identified and mitigated.
The legislation
Under The Al Qaida and Taliban (Asset-Freezing) Regulations 2010 and the Terrorism (United Nations Measures) Order 2009, it is a criminal offence for any natural or legal person to:
· deal with the funds of designated persons, or
· make funds and economic resources available, directly or indirectly for the benefit of designated persons.
Under the Terrorism (United Nations Measures) Order 2009, you must not make financial services available, directly or indirectly to or for the benefit of designated persons.
Finally, you must not knowingly and intentionally participate in activities that would directly or indirectly circumvent the financial restrictions or enable, or facilitate the commission of any of the above offences.
Who is on the list?
HM Treasury issues a consolidated list of all persons and entities that are subject to sanctions which are effective in the UK. This list can be obtained from:
http://www.hm-treasury.gov.uk/fin_sanctions_index.htm
The persons and entities included on the list come from a wide range of nationalities and currently reside in a wide range of countries.
There are a number of regimes to which financial sanctions have also been applied, including:
· Al Qaida and the Taliban
· Belarus
· Burma/Myamar
· Democratic Republic of Congo
· Persons indicted by the International Criminal Tribunal for the former Yugoslavia
· Iran
· North Korea
· Zimbabwe
Assessing your risk profile
When assessing your firm's anti-money laundering risk profile, you should consider your likely exposure to clients on the sanctions lists.
Due to the wide range of persons and entities listed, it is difficult to categorise the clients that may need to be checked simply by their nationality or country of residence. There are UK nationals and UK residents on the list, so you may still be at risk even if you only act for local clients.
The regimes list is a useful indicator in assessing risk, but there may be some retainers where it is not readily apparent that a person or entity may have some connection to the relevant regime.
You cannot limit the risk assessment to the regulated sector, as the payment of personal injuries settlements and property settlements following a divorce are key situations where HM Treasury are finding solicitors in breach of the sanctions regime. Further, the use of legal aid payments for the benefit of a person on the list will also be a breach of the sanctions regime.
A good indicator of your present risk will often be your previous experience. As such, if you have never checked any of your clients against the sanctions list, you may find it difficult to properly assess your risk. So the first step in assessing risk is actually having a look at the consolidated sanctions list.
Checking individual clients
You may apply a risk based approach to setting up a system for checking your clients against the sanctions lists.
Some key factors which may increase the risk of a person being on the sanctions list and so increase the reason for checking the list inclued:
· Clients or transactions with links to high risk jurisdictions, even if the clients are based locally
· Clients or transactions involving senior political persons from jurisdictions subject to sanctions
· Clients or transactions involving complex corporate jurisdictions with high terrorist financing risks
· Clients who seem unable to receive funds or send funds from a bank account in their name, for no good reason
You can check directly against the publicly available list, by simply undertaking a general ‘control-F’ find search. This may be appropriate on a case by case basis where your firm has a low general risk of working for clients on the sanctions list, but individual clients have higher risk indicators.
A number of e-verifiers also incorporate this list into the databases against which they check for identity information. Use of one of these services may be appropriate for firms with higher risks of dealing with clients on the sanctions list.
You should also have processes which enable you to ascertain whether key beneficial owners or the intended recipient of funds from a transaction you are undertaking are subject to the restrictions, where there are higher risk indicators.
Obtaining a licence
You can still act for a person who is on the sanctions list, but you can only do so with a licence from the HM Treasury Asset Freezing Unit. You may also discuss the person’s sanctioned status and the implications with your client without being concerned about tipping off, as sanctions list is public information.
You must:
· suspend the transaction pending the advice from the Asset Freezing Unit,
· contact the Asset Freezing Unit to seek a licence to deal with the funds, and
· finally consider whether you have a suspicion of money laundering or terrorist financing which requires a report to SOCA.
You must not:
· return funds or deal with the resources to the designated person without the approval of the Asset Freezing Unit
The Asset Freezing Unit has the power to grant licences exempting certain transactions from the financial restrictions. Requests are considered on a case-by-case basis, to ensure that there is no risk of funds being diverted to terrorism. They have also issued general licences which govern certain situations, such as the use of legal aid payments.
For more information on the Asset Freezing Unit and obtaining a licence see their website: http://www.hm-treasury.gov.uk/fin_sanctions_contact.htm
Emma Oettinger is the anti-money laundering policy officer at the Law Society of England and Wales.
Tuesday, 16 November 2010
Law Society Conveyancing Quality Scheme
In our last posting on the blog we asked members to provide feedback on the proposed Scheme. Here it is:-
Concerns about the CML and the ABI
"In the November edition of its "News & Views" newsletter the CML commented upon the Law Society Conveyancing Quality Scheme. The following comments were made:-
"Lenders will continue to control membership of the individual panels of conveyancers that they are prepared to use. But if the new scheme is seen as robust by lenders, many are likely to require CQS accreditation as a minimum condition for panel membership"
It follows that membership of the Scheme cannot be seen as a universal panacea for conveyancers and, in particular, High Street practices. If the CML is implicitly looking at additional membership requirements over and above that of scheme membership then they should put their cards on the table and let the profession know what the Agenda is. Many fear that with the advent of ABS then we will simply see the financial services sector absorb conveyancing as an activity.
There are also concerns around arrangements for professional indemnity insurance with the ABI putting pressure on the SRA to relax the stringent terms of the master policy wording so as to allow claims declinature in cases of fraud, failure to pay premium and, potentially, failure to disclose material facts. There is also pressure to either restrict or limit cover for lenders. Quite clearly the CML is concerned about this and has stated:-
" … there have been indications that the regulatory minimum standards may be changed and potentially will not include cover for lenders as commercial clients. That would leave Solicitors free to choose whether or not they take out separate professional indemnity insurance covering potential losses by lenders. In reality we would expect lenders to require effective professional indemnity insurance if they are to keep a conveyancing firm on their panel. Lenders will therefore demand greater transparency about firms insurance arrangements and will be more active in supervising and monitoring their activity to ensure professional indemnity insurance will be sufficient to cover lenders' risks."
Taken together all this rather smacks of the tail wagging the dog. It is meant to be the SRA that is regulating the Solicitors profession rather than the Financial Services Sector dictating terms.
According to the CML the SRA is planning to publish a paper in December with a three month consultation exercise and "this has the potential to restructure fundamentally conveyancing arrangements in England and Wales.
More than ever it is important that all members of the Solicitors profession take an interest in the consultations that are on-going and make their voices heard
If we are not careful then I can envision a time when there are only half a dozen or so large "factory" units undertaking conveyancing in England and Wales."
(Senior Partner medium size Lexcel accredited firm)
"Lenders will continue to control membership of the individual panels of conveyancers that they are prepared to use. But if the new scheme is seen as robust by lenders, many are likely to require CQS accreditation as a minimum condition for panel membership"
It follows that membership of the Scheme cannot be seen as a universal panacea for conveyancers and, in particular, High Street practices. If the CML is implicitly looking at additional membership requirements over and above that of scheme membership then they should put their cards on the table and let the profession know what the Agenda is. Many fear that with the advent of ABS then we will simply see the financial services sector absorb conveyancing as an activity.
There are also concerns around arrangements for professional indemnity insurance with the ABI putting pressure on the SRA to relax the stringent terms of the master policy wording so as to allow claims declinature in cases of fraud, failure to pay premium and, potentially, failure to disclose material facts. There is also pressure to either restrict or limit cover for lenders. Quite clearly the CML is concerned about this and has stated:-
" … there have been indications that the regulatory minimum standards may be changed and potentially will not include cover for lenders as commercial clients. That would leave Solicitors free to choose whether or not they take out separate professional indemnity insurance covering potential losses by lenders. In reality we would expect lenders to require effective professional indemnity insurance if they are to keep a conveyancing firm on their panel. Lenders will therefore demand greater transparency about firms insurance arrangements and will be more active in supervising and monitoring their activity to ensure professional indemnity insurance will be sufficient to cover lenders' risks."
Taken together all this rather smacks of the tail wagging the dog. It is meant to be the SRA that is regulating the Solicitors profession rather than the Financial Services Sector dictating terms.
According to the CML the SRA is planning to publish a paper in December with a three month consultation exercise and "this has the potential to restructure fundamentally conveyancing arrangements in England and Wales.
More than ever it is important that all members of the Solicitors profession take an interest in the consultations that are on-going and make their voices heard
If we are not careful then I can envision a time when there are only half a dozen or so large "factory" units undertaking conveyancing in England and Wales."
(Senior Partner medium size Lexcel accredited firm)
“I'm all in favour of something being done to tighten up on fraudulent conveyancers and to promote best practice to consumers but in the current economic climate, a balance has to be struck between achieving this with a light, practical touch and making it effective. I suspect all but the biggest firms will find the proposed scheme unworkable and expensive and I am not sure what some of the proposals really do in terms of safeguards. The scheme appears rushed and to have come in with little or no consultation. I have certainly heard nothing about it either from other firms or the regulators, ILEX etc.
In particular, I do not see that employers have a right to carry out (nor necessarily the ability to interpret) credit checks on all employees who might conceivably be involved in conveyancing. I think an employee has the right to consider their personal finances just that, personal. I can see the value of CRB checks but am concerned about the length of time these are likely to take.
In my own firm, the SRO would be our senior partner, a litigator who has no direct involvement in the property department. I cannot see the value in obtaining such detailed information on him nor in making him complete the application form when the head of conveyancing's information is surely more important and relevant. If this is not a partner and one must be involved, one who works in property would surely be a more sensible choice.
Whilst I can see why a requirement to report on complaints whether dealt with internally or externally has been included, I cannot see the value in a separate complaints systems with all the cost and bureaucracy this entails when there are perfectly good existing processes for external complaints handling by regulators. I also think a dual system is going to be confusing for the consumer. Would it not be simpler to come to an arrangement with third parties such as lenders, the Land Registry, the regulators to report firms of concern, panel terminations etc and for those running the scheme then to visit and monitor those firms rather than relying on firms to "own up"?
When do we get to see and be consulted on proposed changes to the conveyancing protocol and the proposed client service charter. Is a new service charter really necessary given the existing raft of consumer led practice and regulation?
What happens when we are dealing with a firm which does not subscribe to the scheme?
I suspect many firms will find it difficult to easily provide the level of transactional information being requested. I doubt they separately record which matters go abortive and which do not, which are buy to let and which are not, whether they have ever dealt with a lender who does not subscribe to the CML/BSA (most high street firms will have dealt with the odd private charge but I doubt they will have separately recorded this). Although firms could go through individual files, this would be a huge task and I doubt the data would then be much more than a best guess. If firms are to go to these lengths to provide the information, there ought to a clear understanding of the use to which this information will be put and why it is required. I personally cannot see that knowing how many transactions a firm has carried out and its value will provide any indication of the risk that firm poses and am concerned as to what use (and whether the information provided will be shared with any other organisation or body) it will be put. Small firms carrying out low volumes may be doing a fantastic, compliant job for clients including lenders, large volume firms may be doing high numbers with inexperienced staff. Given the threat posed by corporates such as Tesco or lenders coming into the market in future poses, this is a real and legitimate worry, particularly for small high street practices. I definitely cannot see what relevance Legal Aid work has to a conveyancing scheme and cannot understand why this is being requested.
Surely the bigger problem here is that a conveyancer's only real safeguard is checking the details of whatever firm they are dealing with on the SRA/CLC websites. I have contacted the fraud section of the SRA on numerous occasions in relation to firms whose branches or details are incorrectly shown or have not been updated quickly only to be told that no information with regard to any applications being processed can be given and effectively, they cannot help me identify whether I am dealing with a bogus firm, a real firm with a bogus branch or one under investigation. This leaves decent conveyancers trying to do the right thing horribly exposed. Do you tell your clients that you cannot proceed unless the other side change solicitors effectively putting the transaction at risk when in fact the SRA may just not have updated their details yet, do you ask the other firm and have a good fraudster spin a compelling tale or do you go ahead and hope for the best or that by the time you get to exchange, the website might be up to date? I don't see that the proposed scheme will help with this dilemma. What is needed is some sort of confidential advice line where you can find out if another firm is under investigation, subject to possible intervention, has recently opened or closed a branch office etc.”
Head of Conveyancing – regional firm
In particular, I do not see that employers have a right to carry out (nor necessarily the ability to interpret) credit checks on all employees who might conceivably be involved in conveyancing. I think an employee has the right to consider their personal finances just that, personal. I can see the value of CRB checks but am concerned about the length of time these are likely to take.
In my own firm, the SRO would be our senior partner, a litigator who has no direct involvement in the property department. I cannot see the value in obtaining such detailed information on him nor in making him complete the application form when the head of conveyancing's information is surely more important and relevant. If this is not a partner and one must be involved, one who works in property would surely be a more sensible choice.
Whilst I can see why a requirement to report on complaints whether dealt with internally or externally has been included, I cannot see the value in a separate complaints systems with all the cost and bureaucracy this entails when there are perfectly good existing processes for external complaints handling by regulators. I also think a dual system is going to be confusing for the consumer. Would it not be simpler to come to an arrangement with third parties such as lenders, the Land Registry, the regulators to report firms of concern, panel terminations etc and for those running the scheme then to visit and monitor those firms rather than relying on firms to "own up"?
When do we get to see and be consulted on proposed changes to the conveyancing protocol and the proposed client service charter. Is a new service charter really necessary given the existing raft of consumer led practice and regulation?
What happens when we are dealing with a firm which does not subscribe to the scheme?
I suspect many firms will find it difficult to easily provide the level of transactional information being requested. I doubt they separately record which matters go abortive and which do not, which are buy to let and which are not, whether they have ever dealt with a lender who does not subscribe to the CML/BSA (most high street firms will have dealt with the odd private charge but I doubt they will have separately recorded this). Although firms could go through individual files, this would be a huge task and I doubt the data would then be much more than a best guess. If firms are to go to these lengths to provide the information, there ought to a clear understanding of the use to which this information will be put and why it is required. I personally cannot see that knowing how many transactions a firm has carried out and its value will provide any indication of the risk that firm poses and am concerned as to what use (and whether the information provided will be shared with any other organisation or body) it will be put. Small firms carrying out low volumes may be doing a fantastic, compliant job for clients including lenders, large volume firms may be doing high numbers with inexperienced staff. Given the threat posed by corporates such as Tesco or lenders coming into the market in future poses, this is a real and legitimate worry, particularly for small high street practices. I definitely cannot see what relevance Legal Aid work has to a conveyancing scheme and cannot understand why this is being requested.
Surely the bigger problem here is that a conveyancer's only real safeguard is checking the details of whatever firm they are dealing with on the SRA/CLC websites. I have contacted the fraud section of the SRA on numerous occasions in relation to firms whose branches or details are incorrectly shown or have not been updated quickly only to be told that no information with regard to any applications being processed can be given and effectively, they cannot help me identify whether I am dealing with a bogus firm, a real firm with a bogus branch or one under investigation. This leaves decent conveyancers trying to do the right thing horribly exposed. Do you tell your clients that you cannot proceed unless the other side change solicitors effectively putting the transaction at risk when in fact the SRA may just not have updated their details yet, do you ask the other firm and have a good fraudster spin a compelling tale or do you go ahead and hope for the best or that by the time you get to exchange, the website might be up to date? I don't see that the proposed scheme will help with this dilemma. What is needed is some sort of confidential advice line where you can find out if another firm is under investigation, subject to possible intervention, has recently opened or closed a branch office etc.”
Head of Conveyancing – regional firm
I am open to correction on this but as far as I can see from the CRB website those who are exempted from the Rehabilitation of Offenders Act and can therefore be the subject of CRB checks would be (inter alia) Solicitors and Legal Executives. I cannot see that there is any general provision applicable to people who work in Solicitors' firms and would therefore query the basis upon which there can be a requirement for CRB checks for all employees working in conveyancing.
Friday, 29 October 2010
Quality Conveyancing Scheme – Have your say
The Law Society recently announced a new Quality Mark aimed at Conveyancers. To be launched in January next year the scheme has backing from the Association of British Insurers and the Council of Mortgage Lenders.
Many see the initiative as the Law Society’s response to pressure from both the ABI and the CML to get its house in order in the wake of a wave of losses stemming from mortgage fraud and negligent conveyancing made visible after the tide turning in the property market.
So far members of the profession have given the scheme a qualified thumbs up. However, there are concerns and here are some that have already been aired by members of the Wolverhampton Law Society.
More bureaucracy on top of already effective risk control measures?
The requirements to carry out crb and credit worthiness checks on members of Accounts staff and those carrying out conveyancing seem overly intrusive and the legal basis unclear. Most firms already have in place controls to prevent monies being requisitioned and transmitted without authorisation from Partners or senior members of staff. The latest requirements add yet another layer of bureaucracy and red tape.
Lack of certainty
The “Client Charter” an integral part of the initiative has yet to be published but firms are being asked to embrace the scheme nonetheless – it is hoped that it will not introduce “Call Centre” type service level requirements beloved by big business.
Who is in charge and what if your application fails?
Who exactly will be vetting applications and carrying out audits? What are their qualifications? What appeal process is there if any?
Is this being driven by a sector with its own vested interests?
What in put has there been from high street practices – is this a scheme that has been thought up by and designed for the benefit of the big “Factory” conveyancers who have seen their business models under pressure as volume has gone out of the Housing Market (and notably re-mortgages)? Why are there reports already of the scheme’s promotion being reliant upon “referrers” (presumably Banks, Building Societies and Estate Agency chains)?
Is there real commitment from the CML?
Whilst welcoming the scheme the CML has reserved the right to introduce its own!
Lack of transparency around criteria
Why do the criteria for membership include consideration of the proportion of income a firm derives from Legal Aid? When we asked the Law Society whether or not this reflected concerns that firms that relied upon conveyancing and legal aid work were considered in some way risky, or their business models financially unsound, they would not answer!
Don’t delay………Have your say!
There is a real sense that if High Street firms want to continue to even have the chance to act for Lenders then there is no alternative but for them to grit their teeth and get accredited. However, there is still time to make your feelings known and try to improve the Scheme so that it works for all conveyancing firms from the smallest to the biggest.
Please send your feed back / comments to Andrew Lund Council Member by e-mail to lawsoc_press@reespage.co.uk
What happens next?
Once we have received members’ feedback we will communicate this to The Law Society via its regional manager Clive Black.
Monday, 4 October 2010
Society stunned as “Accountants” triumph in annual golf match
Regrettably, the Accountants prevailed in the annual golf match between our respective professions held on the 17th September.
In response to what appears to have been gloating on the part of the victors (an example of which involved the publication of photographs showing the winner’s trophy being conveyed to it’s supposed “rightful home” in the office of a well known local Accountant) Society Treasurer and Golf Team member Gareth Ruddock said:-
“I am sure that the Accountants version of events was particularly one-sided and it has come across that the Solicitors got hammered – not true.
This year saw a change in the format and Accountant Mark Botwood last season’s vanquished captain chose to run it along the lines of the Ryder Cup. The “matchplay” format saw Society Captain Guy Birkett pitted against Botwood in what some described as a “grudge match”. After the Society’s Captain took an early lead Botwood pulled back a four hole deficit only to see Birkett snatch victory by one hole.”
Our Treasurer was less successful as he took on AIB Bank Manager David Hehir (apparently an Accountant for the day). Playing off a handicap of 18 Hehir was only 3 over par after 14 holes and won 6 & 4. In Gareth’s words “A truly painful experience”
The remaining matches were closely fought and with only one group left on the course there was still everything to play for. However, the Solicitors expectations were dashed as the Accountants (and Banker) prevailed 3 & 2.
Emotions threatened to run high at the presentation ceremony as Botwood by turns goaded the opposition and saluted the members of his own team.
In a final twist to the tale our Press Officer reports that in a post match interview Hehir claimed that he was entitled to turn out for the Accountants as “my father is one”.
In response to what appears to have been gloating on the part of the victors (an example of which involved the publication of photographs showing the winner’s trophy being conveyed to it’s supposed “rightful home” in the office of a well known local Accountant) Society Treasurer and Golf Team member Gareth Ruddock said:-
“I am sure that the Accountants version of events was particularly one-sided and it has come across that the Solicitors got hammered – not true.
This year saw a change in the format and Accountant Mark Botwood last season’s vanquished captain chose to run it along the lines of the Ryder Cup. The “matchplay” format saw Society Captain Guy Birkett pitted against Botwood in what some described as a “grudge match”. After the Society’s Captain took an early lead Botwood pulled back a four hole deficit only to see Birkett snatch victory by one hole.”
Our Treasurer was less successful as he took on AIB Bank Manager David Hehir (apparently an Accountant for the day). Playing off a handicap of 18 Hehir was only 3 over par after 14 holes and won 6 & 4. In Gareth’s words “A truly painful experience”
The remaining matches were closely fought and with only one group left on the course there was still everything to play for. However, the Solicitors expectations were dashed as the Accountants (and Banker) prevailed 3 & 2.
Emotions threatened to run high at the presentation ceremony as Botwood by turns goaded the opposition and saluted the members of his own team.
In a final twist to the tale our Press Officer reports that in a post match interview Hehir claimed that he was entitled to turn out for the Accountants as “my father is one”.
Wolverhampton Law Society Annual Dinner 2010
Book early to avoid disappointment!
This year’s Annual Dinner will take place on the 12th November at the Molineux Stadium. Members are strongly advised to put the date in their diaries now, as demand for tickets has been very high for the past few years.
Full details of the menu, wine list, guest speaker and how to book tickets are set out below.
This year’s Annual Dinner will take place on the 12th November at the Molineux Stadium. Members are strongly advised to put the date in their diaries now, as demand for tickets has been very high for the past few years.
Full details of the menu, wine list, guest speaker and how to book tickets are set out below.
Invitation to Wolverhampton Law Society Annual Dinner
Wolverhampton Law Society
c/o Thornes
01902 313311
DX 10407
c/o Thornes
01902 313311
DX 10407
INVITATION TO WOLVERHAMPTON LAW SOCIETY ANNUAL DINNER
FRIDAY 12th November 2010
September 2010
FRIDAY 12th November 2010
September 2010
Dear Member
The Society’s Annual Dinner is to be held on Friday 12th November 2010 in the Banqueting Suite at The Molineux Football Stadium, Wolverhampton and you are cordially invited to attend.
We have also arranged for a celebrity guest, Alfie Moore to give an after dinner speech. Alfie’s resume is attached and he promises to be an entertaining speaker!
The evening will commence with a champagne reception followed by a three course menu as follows:-
The Society’s Annual Dinner is to be held on Friday 12th November 2010 in the Banqueting Suite at The Molineux Football Stadium, Wolverhampton and you are cordially invited to attend.
We have also arranged for a celebrity guest, Alfie Moore to give an after dinner speech. Alfie’s resume is attached and he promises to be an entertaining speaker!
The evening will commence with a champagne reception followed by a three course menu as follows:-
Cream of Leek and Potato Soup
šššš
Roast Loin of Pork on a bed of Apple Mash with a Cider & Stilton Sauce – served with Chef’s Choice Market Vegetables and Potatoes
Vegetarian Option
Courgette, Fried Mushroom and Beef Tomato stack with a Yellow Pepper and Basil Coulis
šššš
Mixed Chunky Fruit Crumble and Traditional English Custard
šššš
Coffee or Tea and Mints
šššš
Roast Loin of Pork on a bed of Apple Mash with a Cider & Stilton Sauce – served with Chef’s Choice Market Vegetables and Potatoes
Vegetarian Option
Courgette, Fried Mushroom and Beef Tomato stack with a Yellow Pepper and Basil Coulis
šššš
Mixed Chunky Fruit Crumble and Traditional English Custard
šššš
Coffee or Tea and Mints
Guests are asked to arrive from 7.30 p.m. and dinner will be served at 8.15 p.m.. The bar will remain open until 1.00 a.m. and carriages will be at 1.30 a.m. Wine may be ordered on the evening or in advance by contacting the Molineux directly. A wine list is attached.
Tickets are priced at £39.00 per head. Dress is, as usual, formal and applications for places should be made on the attached form by no later than 22nd October and places will be allocated on a first come, first served basis. We look forward to hearing from you.
Kind Regards
ALISON WESTWOOD & TRACY DAVIS
(SOCIAL SECRETARIES)
encs
Tickets are priced at £39.00 per head. Dress is, as usual, formal and applications for places should be made on the attached form by no later than 22nd October and places will be allocated on a first come, first served basis. We look forward to hearing from you.
Kind Regards
ALISON WESTWOOD & TRACY DAVIS
(SOCIAL SECRETARIES)
encs
Please click on the images to enlarge
Law Society Council welcomes Paul Kettle
Paul Kettle has been co-opted to the Council in the role of Parliamentary Liaison Officer. Based at Talbot’s office in Wolverhampton Paul is taking over the reins from Peter Caddick who for some time did sterling work in persuading local MPs to attend annual meetings with members of Wolverhampton Law Society. In these febrile times for the profession there are doubtless a number of hot topics that members would like to air with their MPs and we hope to have something arranged in the not too distant future.
Dinner 2010 Introducing this year's guest speaker
Alfie Moore
Versatile After Dinner Speaker - “He’s a very funny man!” Rhod Gilbert
Alfie is an original and distinctive after dinner speaker, presenter and comedian with his niche area as a serving police sergeant. He came slightly later to comedy and brings a wealth of insights and comedy moments from his seventeen years on the beat, where a keen sense of humour has been the key to his success and survival!
Born and raised on a council estate in Sheffield he was an apprentice in the steelworks before joining the Police. Early on in Alfie’s career he finished runner up in a national stand-up competition and was well and truly hooked. He subsequently served a whole new apprenticeship, honing his craft at comedy clubs all over the country. He was then invited to become resident compere at the highly respected Other Side comedy clubs in the north of England.
For the past two years Alfie has written and performed his own one-man show at the Edinburgh Fringe Festival where they have each run for the full 22 nights. He has also supported Russell Kane on his national tour. Alfie has an observational comedic style, which lends itself to witty, and sometimes gritty, anecdotes based on everyday modern policing. This ability to present everyday issues in a comedic way led to a commission from an NHS Trust to develop and perform material to raise awareness of issues about men’s health. Alfie has also featured in the Independent on Sunday, Radio 4 Today Programme, BBC World Service, Radio 5 Live and Sky Motoring.
Performances to date have included: After dinner speaking at Sportsman’s Dinners, Round Table, Trade Associations, Professional Bodies, etc Compering for Charity Fundraising evenings plus Stand -Up Comedy sets at: Sheffield City Hall, Frog and Bucket, Manchester, Great Yorkshire Showground, Harrogate, Canal Cafe Theatre, London, Tulliallan Castle, Fife, Trinity Penny Theatre, Canterbury, Jongleurs, Voodoo Bar, Edinburgh, The Comedy Store, London… and many more
“A fascinating and funny insight into life on the Force. There’s no way of escaping this conclusion: he’s an arresting storyteller.” Steve Bennett, Chortle
“Alfie was our headline act and lived up to that billing brilliantly. He had a mixed audience of over 260 in the palm of his hand”. Max Newton, British Red Cross Society - Senior Fundraiser.
“Thank you for an excellent performance at our sportsman's dinner last Friday. The success or otherwise of the event is entirely down to the performance of the speakers - I thought your performance was spot on Alfie and exactly what we needed. I have no hesitation in recommending you for similar events. David Wilson, Fundraising Chairman Hull 36 Round Table.
“The feedback from everyone was how entertaining he was with a good mixture of interest and comedy. His views on the police, the judiciary and the public were very funny”. Kevin Yates, Lymm & District Round Table.
Friday, 13 August 2010
Palace bans Nick from Garden Party!
It’s true……on the day our President Nick Wynn Williams attended Buckingham Palace as a guest of the Queen another Nick on the guest list was turned away. That was Nick Griffin controversial leader of the BNP who managed to get lots of media attention as a result.
Meanwhile, back at the Palace our President reports that a most convivial time was had by all. Here is his account of the proceedings:-
“There are occasions when I am reminded what a privilege it is to represent members of Wolverhampton Law Society as President. One such occasion occurred on the 22nd of July.
A few weeks before I had received an envelope from an address at SW1A within which was contained a card stating that the Lord Chamberlain was commanded by the Queen to invite me and my wife Beth to a Garden Party at Buckingham Palace on Thursday 22nd July. Beth had a new Hat and Dress before I could even check that my best suit was in good order.
We arrived at the Grosvenor Gate at 3pm that afternoon. Despite threats of rain the sky promised a fresh and sunny afternoon. We followed the signs to the Garden Party along the winding paths at the back of the Palace and entered the Gardens to the sound of two Military Bands.
Although there were some 8,000 guests everyone was comfortably contained within the 40 acres of Garden. We took the opportunity to explore taking in the Lake and Island at the Grosvenor Place end before taking a closer look at the West Terrace. The Garden was furnished with some superb ornaments from visiting Dignitaries.
Tea was served in the Main Tea Tent. Despite the numbers we did not have to queue for long and the service was a great example of the efficiency of the Royal Household. The sandwiches were fresh and the cakes were nothing short of majestic particularly the Victoria Sponge. Quite where the food kept coming from was a mystery but the caterers must have served the 8,000 guests more than twice over. Even the cup of tea was the best cuppa I have had in a very long time.
At 4pm the National Anthem announced the arrival of Her Majesty the Queen and Members of the Royal Family and we could just see her appear on the Western Terrace. The Gentleman at Arms then parted the guests like the Red Sea to enable the Queen to move through the garden to the Royal Tent. It was a hot day but the Queen must have spent a good hour talking to those who were presented to her and showed genuine interest in everyone she met. She must have been gasping for a cup of tea by the end but she never showed any signs of flagging.
Tea was then served in the Royal Tent and we were able to take seats nearby. Perhaps it was a little like going on Royal Safari but it was fascinating to watch members of the Royal Family, various Dignitaries and Diplomats taking their afternoon tea and it again gave first hand experience of just how hard the Queen works.
After Tea the Queen took another tour of the garden with the Yeoman of the Guard before departing to the sound of the Band playing the National Anthem. We were then allowed to follow her out leaving the palace by the front Door giving us an opportunity to peek at some of the State Rooms all of which were a study in opulence. As we left we literally bumped in to Tim Ewart of ITN News who was giving the breaking News of Nick Griffins’ revoked invitation!
It was a fantastic experience and one that I shall remember for a long time.”
Professional Indemnity Insurance Helpline
With the demise of Quinn and other Insurers looking to cherry pick only the best risks this years renewal is likely to prove tough for many firms.
However, help is at hand from a dedicated Helpline set up by the Law Society on 16th August to assist firms with the renewal process. The service is free and the number to dial is 0207 320 9545
However, help is at hand from a dedicated Helpline set up by the Law Society on 16th August to assist firms with the renewal process. The service is free and the number to dial is 0207 320 9545
Junior Lawyers Division Seminar In Association with the Wolverhampton Law Society
DEFAMATION
PRESENTED BY STEVEN REED OF NO 5 CHAMBERS
Wolverhampton JLD are holding a seminar on the topic of Defamation.
THE EVENT IS OPEN TO NON- JLD MEMBERS SO EVEN SENIOR MEMBERS OF THE PROFESSION CAN ATTEND AND EARN SOME VALUABLE CPD POINTS AT AN INCREDIBLY LOW COST!
When? 9 September 2010
Time? 5.30pm - 7pm
Where? FBC Manby Bowdler George Street Wolverhampton
Cost? £4.00 per delegate
SPECIAL RATE APPLIES FOR WOLVERHAMPTON JLD AND LAW SOCIETY MEMBERS ONLY £2.50!
SPACES ARE LIMITED SO BOOK EARLY TO AVOID DISAPPOINTMENT
About Steven Reed
Steven graduated with First Class Honours in LL.B English and German Law from the University of Kent and the Philipps-Universität, Marburg, Germany before completing an LL.M at the University of London.
Having completed his pupillage at 5RB in London specialising in entertainment and media law, Steven has particular experience in intellectual property disputes including copyright, design right, trade mark and passing off disputes and media law including defamation, breach of confidence and privacy.
This seminar will look at the law surrounding defamation - providing an overview of the legal actions relevant to claims of this nature, defences available and associated procedure.
Please reserve your place by returning booking form (attached) and payment as directed. Please quote your membership number to obtain membership discount. Payment is required in order to secure your place.
PRESENTED BY STEVEN REED OF NO 5 CHAMBERS
Wolverhampton JLD are holding a seminar on the topic of Defamation.
THE EVENT IS OPEN TO NON- JLD MEMBERS SO EVEN SENIOR MEMBERS OF THE PROFESSION CAN ATTEND AND EARN SOME VALUABLE CPD POINTS AT AN INCREDIBLY LOW COST!
When? 9 September 2010
Time? 5.30pm - 7pm
Where? FBC Manby Bowdler George Street Wolverhampton
Cost? £4.00 per delegate
SPECIAL RATE APPLIES FOR WOLVERHAMPTON JLD AND LAW SOCIETY MEMBERS ONLY £2.50!
SPACES ARE LIMITED SO BOOK EARLY TO AVOID DISAPPOINTMENT
About Steven Reed
Steven graduated with First Class Honours in LL.B English and German Law from the University of Kent and the Philipps-Universität, Marburg, Germany before completing an LL.M at the University of London.
Having completed his pupillage at 5RB in London specialising in entertainment and media law, Steven has particular experience in intellectual property disputes including copyright, design right, trade mark and passing off disputes and media law including defamation, breach of confidence and privacy.
This seminar will look at the law surrounding defamation - providing an overview of the legal actions relevant to claims of this nature, defences available and associated procedure.
Please reserve your place by returning booking form (attached) and payment as directed. Please quote your membership number to obtain membership discount. Payment is required in order to secure your place.
Wolves JLD's Second Birthday Party!
When? 30 September 2010
Time? 5.30pm arrival for 6pm start
Where? Catellanis, Wolverhampton
Cost? £15.00 per person
Wolverhampton Junior Lawyers Division celebrates its second birthday this September and to celebrate the committee are throwing a party! The cost of attendance includes a 3 course meal (menu to be provided shortly).
As well as party games, a goody bag and general birthday celebrations, the committee will also be announcing its 4 new committee members for the period September 2010 to August 2010 and releasing its October 2010 to February 2011 calendar.
As a one off promotion, where you reserve your place at our second birthday party, you get membership for the period 1 October 2010 to 31 September 2011 included within that price for free!
Booking and membership forms are attached. Payment is required upon booking to secure your place.
Kind Regards
Wolverhampton Junior Lawyers Division
t 01902 392450
e c.clode@fbcmb.co.uk
w www.wolverhamptonjld.co.uk
Time? 5.30pm arrival for 6pm start
Where? Catellanis, Wolverhampton
Cost? £15.00 per person
Wolverhampton Junior Lawyers Division celebrates its second birthday this September and to celebrate the committee are throwing a party! The cost of attendance includes a 3 course meal (menu to be provided shortly).
As well as party games, a goody bag and general birthday celebrations, the committee will also be announcing its 4 new committee members for the period September 2010 to August 2010 and releasing its October 2010 to February 2011 calendar.
As a one off promotion, where you reserve your place at our second birthday party, you get membership for the period 1 October 2010 to 31 September 2011 included within that price for free!
Booking and membership forms are attached. Payment is required upon booking to secure your place.
Kind Regards
Wolverhampton Junior Lawyers Division
t 01902 392450
e c.clode@fbcmb.co.uk
w www.wolverhamptonjld.co.uk
Junior Lawyers Membershp renewal letter
c/o Charlotte Clode
6-10 George Street,
Snow Hill,
Wolverhampton
WV10 6DZ
T: 01902 578000
F: 01902 311102
E: c.clode@fbcmb.co.uk
August 2010
Hello all,
It has been over two years since the launch of the Wolverhampton JLD and what a busy couple of years it has been. We have been very successful in our first two years of operation and we have hosted many events which have brought junior lawyers from the Wolverhampton and Black Country areas together. However, our success can only be attributed to the help and support of our existing members and those who have attended our events.
We have taken on board the comments of our members and consequently 2010/2011 will see more CPD accredited events which are currently free of charge to attend. We will carry on to provide networking opportunities for our members on a regular basis and intend to hold a least one event per calendar month. We will continue to hold events with other junior professionals affording our members the opportunity to build their own business relationships.
Our next social event will be the Wolverhampton JLD’s 2nd Birthday Party which is being held at Catellani’s in Wolverhampton. Due to limited places, tickets are available on a first come first served basis so if you are interested in coming along don’t forget to book your place as soon as possible. Booking forms can be requested from Rebecca Massey by email at r.massey@fbcmb.co.uk or by telephone on 01902 392453.
Membership for 2009/2010 will shortly expire and so, to take advantage of the benefits involved in becoming a JLD member for 2010/2011, please renew your membership by returning the enclosed form. The cost of this year’s membership is a flat fee of £10 per person and will cover you for the whole period from 1st October 2010 – 31st September 2011. There are many benefits to becoming a member of the Wolverhampton JLD some of which are as follows:-
1. Discounted prices for members at various local retailers upon presentation of our membership card;
2. Discounted admission to JLD Events;
3. Free admission to a range of JLD Events;
4. Networking opportunities;
5. Free CPD points; and
6. Unlimited support from your local and national JLD group.
We hope to hear from you soon!
The Wolverhampton JLD Committee
It has been over two years since the launch of the Wolverhampton JLD and what a busy couple of years it has been. We have been very successful in our first two years of operation and we have hosted many events which have brought junior lawyers from the Wolverhampton and Black Country areas together. However, our success can only be attributed to the help and support of our existing members and those who have attended our events.
We have taken on board the comments of our members and consequently 2010/2011 will see more CPD accredited events which are currently free of charge to attend. We will carry on to provide networking opportunities for our members on a regular basis and intend to hold a least one event per calendar month. We will continue to hold events with other junior professionals affording our members the opportunity to build their own business relationships.
Our next social event will be the Wolverhampton JLD’s 2nd Birthday Party which is being held at Catellani’s in Wolverhampton. Due to limited places, tickets are available on a first come first served basis so if you are interested in coming along don’t forget to book your place as soon as possible. Booking forms can be requested from Rebecca Massey by email at r.massey@fbcmb.co.uk or by telephone on 01902 392453.
Membership for 2009/2010 will shortly expire and so, to take advantage of the benefits involved in becoming a JLD member for 2010/2011, please renew your membership by returning the enclosed form. The cost of this year’s membership is a flat fee of £10 per person and will cover you for the whole period from 1st October 2010 – 31st September 2011. There are many benefits to becoming a member of the Wolverhampton JLD some of which are as follows:-
1. Discounted prices for members at various local retailers upon presentation of our membership card;
2. Discounted admission to JLD Events;
3. Free admission to a range of JLD Events;
4. Networking opportunities;
5. Free CPD points; and
6. Unlimited support from your local and national JLD group.
We hope to hear from you soon!
The Wolverhampton JLD Committee
Friday, 16 July 2010
Wolverhampton Law Society Golf Society
Council member and golfing enthusiast Richard Alderson reminisces about past glories and looks forward with optimism to up coming Law Society events.
Don’t miss the opportunity to take part in the match against the Accountants at Oswestry on 17th September starting at 12 noon!
I joined the firm of what was then Underhill Willcock and Taylor in 1977 as an Articled Clerk and later qualified as a Solicitor. I learned to play golf during the earlier years of my articles and in those days there were many Society Golf Days, the most memorable being Halifax Building Society’s Day Out at Brocton.
For many years dating back to before I even learned to play Golf the Wolverhampton Law Society traditionally held a Solicitors Day Out at Oswestry Golf Club. Any member of the Society could apply to play and would often bring along a friend or business contact as his playing partner for the day. The format was 36 holes, 18 holes being played in the morning with a very quick turn round for lunch followed by 18 holes in the afternoon.
The event is traditionally in September and as a result on many occasions the members of the Society on higher handicaps (and therefore teeing off later) would often be seen playing the final holes in almost total darkness. I recall one occasion when I was the Captain of the Society presenting Harold Hilton and playing partners torches for use in the following years event!
Unfortunately as the years have passed with the demand on time becoming greater and older members retiring from the Golf Society and not being replaced by younger members coming through numbers have dwindled until Guy Birkett, the current Captain, changed the format last year from what had been a traditionally Wolverhampton Solicitors Golf Society’s annual meet to a new format. The format this year has been based on a Ryder Cup Style Match with the Wolverhampton Solicitors taking on the Wolverhampton Accountants in a golf challenge. We won last year and hope to retain the trophy which was kindly donated by Guy’s firm.
The match will be an 18 hole match meeting at Oswestry at lunchtime for soup and sandwiches with a meal in the evening. The cost for the day to include soup and sandwiches for 18 holes of golf a three course evening meal with coffee and a contribution towards the prizes is £47.00. If you wish to play in the event contact Guy Birkett’s secretary Kara Marshall by e-mail to let her know on k.marshall@fbcmb.co.uk and forward a cheque to fbc Manby Bowdler in favour of that firm in the sum of £47.00. Please provide details of your current handicap.
The Wolverhampton Law Society also enters a golf team in the Professions Day Out held at Enville each year. Each profession enters a team of six to fight for the Wolverhampton Law Society Rose Bowl which was presented to the Society in 1975. As I recall we hold the record for winning this event on the most occasions possibly in more relaxed times. The winners this year were the Accountants and the teams entering this year’s event were Estate Agents/Surveyors, GP Doctors, Consultant Surgeons, Dental Surgeons, Solicitors, Accountants and Architects.
Anyone wishing to be considered for the team should contact Guy on G.Birkett@fbcmb.co.uk
The Oswestry event is certainly an ideal way to meet members of the profession and is open to all members of the Wolverhampton Society and now provides a networking opportunity with the Accountants. For those who haven’t played at Oswestry it is certainly worth a visit hence the reason why, for as long as I can remember, we travel over there every year. Please join!
Richard Alderson
Don’t miss the opportunity to take part in the match against the Accountants at Oswestry on 17th September starting at 12 noon!
I joined the firm of what was then Underhill Willcock and Taylor in 1977 as an Articled Clerk and later qualified as a Solicitor. I learned to play golf during the earlier years of my articles and in those days there were many Society Golf Days, the most memorable being Halifax Building Society’s Day Out at Brocton.
For many years dating back to before I even learned to play Golf the Wolverhampton Law Society traditionally held a Solicitors Day Out at Oswestry Golf Club. Any member of the Society could apply to play and would often bring along a friend or business contact as his playing partner for the day. The format was 36 holes, 18 holes being played in the morning with a very quick turn round for lunch followed by 18 holes in the afternoon.
The event is traditionally in September and as a result on many occasions the members of the Society on higher handicaps (and therefore teeing off later) would often be seen playing the final holes in almost total darkness. I recall one occasion when I was the Captain of the Society presenting Harold Hilton and playing partners torches for use in the following years event!
Unfortunately as the years have passed with the demand on time becoming greater and older members retiring from the Golf Society and not being replaced by younger members coming through numbers have dwindled until Guy Birkett, the current Captain, changed the format last year from what had been a traditionally Wolverhampton Solicitors Golf Society’s annual meet to a new format. The format this year has been based on a Ryder Cup Style Match with the Wolverhampton Solicitors taking on the Wolverhampton Accountants in a golf challenge. We won last year and hope to retain the trophy which was kindly donated by Guy’s firm.
The match will be an 18 hole match meeting at Oswestry at lunchtime for soup and sandwiches with a meal in the evening. The cost for the day to include soup and sandwiches for 18 holes of golf a three course evening meal with coffee and a contribution towards the prizes is £47.00. If you wish to play in the event contact Guy Birkett’s secretary Kara Marshall by e-mail to let her know on k.marshall@fbcmb.co.uk and forward a cheque to fbc Manby Bowdler in favour of that firm in the sum of £47.00. Please provide details of your current handicap.
The Wolverhampton Law Society also enters a golf team in the Professions Day Out held at Enville each year. Each profession enters a team of six to fight for the Wolverhampton Law Society Rose Bowl which was presented to the Society in 1975. As I recall we hold the record for winning this event on the most occasions possibly in more relaxed times. The winners this year were the Accountants and the teams entering this year’s event were Estate Agents/Surveyors, GP Doctors, Consultant Surgeons, Dental Surgeons, Solicitors, Accountants and Architects.
Anyone wishing to be considered for the team should contact Guy on G.Birkett@fbcmb.co.uk
The Oswestry event is certainly an ideal way to meet members of the profession and is open to all members of the Wolverhampton Society and now provides a networking opportunity with the Accountants. For those who haven’t played at Oswestry it is certainly worth a visit hence the reason why, for as long as I can remember, we travel over there every year. Please join!
Richard Alderson
Tuesday, 13 July 2010
Interest Rate Survey June 2010
Many thanks to all the firms that took part in the recent survey into the rates which banks are paying on Clients Deposit and Designated Clients Deposit accounts.
A total of 7 firms responded to the Survey. Full details of the results in tabulated form have been circulated amongst the participants. Account was also taken of published rates where available.
The survey produced some interesting results (no pun intended). Clearly there is no “going rate” for individual banks as the rates paid often vary for any given bank.
The best rate achieved on Client Deposits was a commendable base rate + 1%.
The worst rate was not really a rate as it was a big fat 0%.
Designated Deposit rates varied from a market leading base + 0.5% to that depressing 0% again.
The Banks concerned are (in no particular order) :-
Lloyds TSB
Nat West
AIB (GB)
Bank of Ireland
Royal Bank of Scotland
Bank of Scotland
Barclays
A total of 7 firms responded to the Survey. Full details of the results in tabulated form have been circulated amongst the participants. Account was also taken of published rates where available.
The survey produced some interesting results (no pun intended). Clearly there is no “going rate” for individual banks as the rates paid often vary for any given bank.
The best rate achieved on Client Deposits was a commendable base rate + 1%.
The worst rate was not really a rate as it was a big fat 0%.
Designated Deposit rates varied from a market leading base + 0.5% to that depressing 0% again.
The Banks concerned are (in no particular order) :-
Lloyds TSB
Nat West
AIB (GB)
Bank of Ireland
Royal Bank of Scotland
Bank of Scotland
Barclays
Local courts restrict counter opening times……a sign of things to come?
County Court offices throughout the Midlands including Wolverhampton are imposing restricted counter opening hours during the summer months. It would appear as though there are insufficient staff to both service the Counters and ensure that court business is processed “in a timely fashion”. Click on the links below to see a copy of the relevant notice giving details of the various policies adopted by the different courts in the region.
Please click an image to enlarge
Court Counter opening times Summer 2010
Please click an image to enlarge
Wolverhampton Law Society Annual Dinner 2010
This year’s Annual Dinner will take place on the 12th November at the Molineux Stadium. Members are strongly advised to put the date in their diaries now, as demand for tickets has been very high for the past few years.
Full details of how to book tickets will follow in a few weeks time. In the meantime we can reveal that this year’s after dinner speaker will be Alfie Moore.
Full details of how to book tickets will follow in a few weeks time. In the meantime we can reveal that this year’s after dinner speaker will be Alfie Moore.
Wolverhampton Law Society Annual Dinner
Alfie Moore
Versatile After Dinner Speaker - “He’s a very funny man!” Rhod Gilbert
Alfie is an original and distinctive after dinner speaker, presenter and comedian with his niche area as a serving police sergeant. He came slightly later to comedy and brings a wealth of insights and comedy moments from his seventeen years on the beat, where a keen sense of humour has been the key to his success and survival!
Born and raised on a council estate in Sheffield he was an apprentice in the steelworks before joining the Police. Early on in Alfie’s career he finished runner up in a national stand-up competition and was well and truly hooked. He subsequently served a whole new apprenticeship, honing his craft at comedy clubs all over the country. He was then invited to become resident compere at the highly respected Other Side comedy clubs in the north of England.
For the past two years Alfie has written and performed his own one-man show at the Edinburgh Fringe Festival where they have each run for the full 22 nights. He has also supported Russell Kane on his national tour. Alfie has an observational comedic style, which lends itself to witty, and sometimes gritty, anecdotes based on everyday modern policing. This ability to present everyday issues in a comedic way led to a commission from an NHS Trust to develop and perform material to raise awareness of issues about men’s health. Alfie has also featured in the Independent on Sunday, Radio 4 Today Programme, BBC World Service, Radio 5 Live and Sky Motoring.
Performances to date have included: After dinner speaking at Sportsman’s Dinners, Round Table, Trade Associations, Professional Bodies, etc Compering for Charity Fundraising evenings plus Stand -Up Comedy sets at: Sheffield City Hall, Frog and Bucket, Manchester, Great Yorkshire Showground, Harrogate, Canal Cafe Theatre, London, Tulliallan Castle, Fife, Trinity Penny Theatre, Canterbury, Jongleurs, Voodoo Bar, Edinburgh, The Comedy Store, London… and many more
“A fascinating and funny insight into life on the Force. There’s no way of escaping this conclusion: he’s an arresting storyteller.” Steve Bennett, Chortle
“Alfie was our headline act and lived up to that billing brilliantly. He had a mixed audience of over 260 in the palm of his hand”. Max Newton, British Red Cross Society - Senior Fundraiser.
“Thank you for an excellent performance at our sportsman's dinner last Friday. The success or otherwise of the event is entirely down to the performance of the speakers - I thought your performance was spot on Alfie and exactly what we needed. I have no hesitation in recommending you for similar events. David Wilson, Fundraising Chairman Hull 36 Round Table.
“The feedback from everyone was how entertaining he was with a good mixture of interest and comedy. His views on the police, the judiciary and the public were very funny”. Kevin Yates, Lymm & District Round Table.
Saturday, 5 June 2010
Annual General Meeting 29th April 2010
The Society’s Annual General Meeting took place this year at Linden House Wolverhampton. It was preceded by a free seminar presented by Gary Christianson who gave an insight into the workings of the SRA. Gary focused in particular upon how to approach SRA regulatory visits and gave some insight into what the SRA is looking for in relation to compliance issues. A total of 20 local practitioners attended the free seminar which also qualified for cpd points.
At the AGM the President reported upon the Society’s activities over the preceding year including:-
October Inaugural Senior Partners event
November Annual Dinner
February 2010 Annual Quiz Night
He also outlined a number of Presidential engagements such as:-
Attending Mock Trials at the Wolverhampton Magistrates Court
Representing Wolverhampton Law Society members at Lex 21 Board Meetings
Dinner with Robert Heslett – President of The Law Society (including discussion about ABS, regulation and threats from outside the profession)
Other initiatives included raising the profile of the Society through the local press (with articles published in the Express and Star about topics including the crisis in child care cases and the growing use of conditional cautions) and the setting up of the electronic “blog” version of the newsletter.
In his closing remarks the President said:
“It has been an honour to serve as your President this year. I am grateful for the support of my fellow Council members and, in particular, Tracy and Alison who put in so much effort to make the annual dinner such a success. I hope that in the ensuing year we will encourage more local practitioners not only to become members but also to seek a position on the Council. I would also hope to see someone come forward for the position of President!”
Following the AGM the up to date list of Officers is as follows:-
Nicholas Wynn-Williams President
Gareth Ruddock Honorary Treasurer
Richard Ennis Honorary Secretary
Tracy Davies &
Alison Westwood Joint Social Secretaries
Guy Burkitt County Court users group
Charlotte Clode Junior Lawyer Division
Andrew Lund Press Liaison
At the AGM the President reported upon the Society’s activities over the preceding year including:-
October Inaugural Senior Partners event
November Annual Dinner
February 2010 Annual Quiz Night
He also outlined a number of Presidential engagements such as:-
Attending Mock Trials at the Wolverhampton Magistrates Court
Representing Wolverhampton Law Society members at Lex 21 Board Meetings
Dinner with Robert Heslett – President of The Law Society (including discussion about ABS, regulation and threats from outside the profession)
Other initiatives included raising the profile of the Society through the local press (with articles published in the Express and Star about topics including the crisis in child care cases and the growing use of conditional cautions) and the setting up of the electronic “blog” version of the newsletter.
In his closing remarks the President said:
“It has been an honour to serve as your President this year. I am grateful for the support of my fellow Council members and, in particular, Tracy and Alison who put in so much effort to make the annual dinner such a success. I hope that in the ensuing year we will encourage more local practitioners not only to become members but also to seek a position on the Council. I would also hope to see someone come forward for the position of President!”
Following the AGM the up to date list of Officers is as follows:-
Nicholas Wynn-Williams President
Gareth Ruddock Honorary Treasurer
Richard Ennis Honorary Secretary
Tracy Davies &
Alison Westwood Joint Social Secretaries
Guy Burkitt County Court users group
Charlotte Clode Junior Lawyer Division
Andrew Lund Press Liaison
35th Annual Wolverhampton Professions Golf Competition
Enville Golf Course hosted this popular event on the 18th May which saw teams comprising solicitors, doctors, surgeons, accountants, estate agents, architects and dentists compete to uphold the honour of their respective vocations. The 3 pairs comprising the Wolverhampton Law Society team were Guy Birkett and Richard Alderson, Gareth Ruddock and David Robinson, along with Frank Callea partnered by Phil Cowell.
On a glorious day for golf it was the Accountants who won the day with a combined score of 199 (the second lowest in history). Second were the Estate Agents, third were the Doctors and the Law Society came in fourth. For the first time for some years the Bankers did not turn up having to scratch for lack of interest (there was a rumour that they had been confined to the bunkers for some months!)
“I have to say that the accountants destroyed the field”conceded Gareth Ruddock.
As a consolation to the legal team David Robinson won a challenge for the closest to the pin on the 3 par 17th hole.
If you’re interested in playing in next year’s event or maybe just turning up to lend some support why not contact the Wolverhampton Law Society Golfing Captain Richard Alderson at Underhills.
On a glorious day for golf it was the Accountants who won the day with a combined score of 199 (the second lowest in history). Second were the Estate Agents, third were the Doctors and the Law Society came in fourth. For the first time for some years the Bankers did not turn up having to scratch for lack of interest (there was a rumour that they had been confined to the bunkers for some months!)
“I have to say that the accountants destroyed the field”conceded Gareth Ruddock.
As a consolation to the legal team David Robinson won a challenge for the closest to the pin on the 3 par 17th hole.
If you’re interested in playing in next year’s event or maybe just turning up to lend some support why not contact the Wolverhampton Law Society Golfing Captain Richard Alderson at Underhills.
Wolverhampton Law Society Survey of the rates of interest paid on Solicitors Client Accounts by Banks
Whilst there is considerable transparency in relation to interest rates paid by Banks and Building Societies to private individuals the same cannot be said for their dealings with Solicitors Client Accounts. With financial institutions continuing to increase the spread between the rates that they pay on deposit and those they charge for credit there is an increasing suspicion that some law firms and their clients are losing out. This is particularly the case when financial institutions are increasingly reliant upon deposits to fund their lending operations and in the context of a funding gap that is likely to arise as and when the Bank of England special support is withdrawn for mortgage funding.
In an attempt to shed some light on this topic Wolverhampton Law Society is inviting members to supply details of the rates they are being paid on Client deposits. The information required is as follows:-
Firm name Rate earned on general client monies and name of bank/building society Rate earned on designated deposit accounts and name of bank/building society
A jpeg copy return appears below.
Any details received will be treated in confidence, anonymised and then tabulated prior to circulation. This will be limited to those firms which have taken part. It is hoped that the results will give members a rough idea of what rates are achievable and possibly assist them in discussions with their bank. We have already called several of the larger firms who have indicated a willingness to participate.
The Council Member responsible for the survey is Andrew Lund who used to collate the “Expense of time” calculations used in negotiations with local District Judges over guideline rates. Please send details by post / DX in an envelope marked private and confidential and for his attention to arrive by 18th June.
We are also trying to interest The Law Society in Chancery Lane in carrying out a national survey.
In an attempt to shed some light on this topic Wolverhampton Law Society is inviting members to supply details of the rates they are being paid on Client deposits. The information required is as follows:-
Firm name Rate earned on general client monies and name of bank/building society Rate earned on designated deposit accounts and name of bank/building society
A jpeg copy return appears below.
Any details received will be treated in confidence, anonymised and then tabulated prior to circulation. This will be limited to those firms which have taken part. It is hoped that the results will give members a rough idea of what rates are achievable and possibly assist them in discussions with their bank. We have already called several of the larger firms who have indicated a willingness to participate.
The Council Member responsible for the survey is Andrew Lund who used to collate the “Expense of time” calculations used in negotiations with local District Judges over guideline rates. Please send details by post / DX in an envelope marked private and confidential and for his attention to arrive by 18th June.
We are also trying to interest The Law Society in Chancery Lane in carrying out a national survey.
Click image to enlarge
Supporting Solicitors - the Law Society’s free helplines
Did you know that The Law Society offers a wide range of helplines which provide advice and support for solicitors and members of their staff? Barbara Mackintosh a solicitor at the Law Society Practice Advice Service provides details.
About the Practice Advice Service
The Practice Advice Service is a dedicated support line staffed by eight experienced solicitors who answer questions from practitioners on all areas of legal practice, policy and procedure. Common queries relate to anti-money laundering, conveyancing, solicitors’ costs and probate, though assistance can be provided in most areas. In the event that a complex issue is raised, the team holds a weekly meeting where it draws on the experience in practice of the solicitors who work in the team and other sources of information within the Law Society. Practice Advice cannot provide legal advice.
The service is free and confidential. The majority of enquiries are received by telephone and are answered immediately. When enquiries are received by email, we aim to acknowledge and provide a verbal response within 24 hours. Here are some examples of the where we can help.
Money laundering
Practice Advice provides assistance in navigating the Law Society’s practice note on the Money Laundering Regulations 2007 and related legislation. In light of the legislative changes and the potential criminal sanctions against solicitors for breaching such rules, the Practice Advice team is a useful starting point for providing clear and concise guidance to enable practitioners to focus on their duties and responsibilities. The sheer volume and diversity of calls received on this matter may well provide practitioners with reassurance that this minefield need not be crossed alone. Indeed, without discussing details, the team may refer to other similar cases and discuss principles on that basis to provide guidance.
Conveyancing
Practice Advice provides guidance and assistance on all stages of the transaction, including enquiries relating to current issues such as Land Registry requirements. If a policy issue is raised, this can be referred to a policy adviser for further guidance. Matters potentially affecting the profession as a whole may be referred to the Conveyancing and Land Law Committee for consideration.
Costs
Practice Advice has published a series of booklets that provide general information on costs. ‘Payment by results’ covers the often controversial and evolving areas involving contingency fees and conditional fee agreements. Our other booklets include ‘Contentious costs’ and ‘Non contentious costs’ Common queries relate to solicitors’ bills and potential challenges, and the team can assist by providing advice on the current guidelines regarding the various charging regimes.
Probate
Specialist cost-related queries relating to the administration of estates are common, as are queries on foreign assets in addition to general queries on practice and procedure. We also receive questions relating to tracing beneficiaries and the information which a solicitor should provide in relation to a disputed will.
Multi-party actions and group litigation orders
Practice Advice maintains a database of group litigation orders and is the first port of call for practitioners’ queries on details of potential and actual multi-party actions, and on firms who have registered their involvement with us. It is a requirement of the Civil Procedure Rules that all group litigaton orders are registered with Practice Advice.
Call Practice Advice on 0870 606 2522 or
email practiceadvice@lawsociety.org.uk
Lawyerline
Lawyerline is another solicitor staffed service which provides specific, bespoke advice on areas relating to client care and complaints handling. We provide advice to solicitors who may be developing or implementing their own internal complaints handling procedures in compliance with their professional obligations as set out in the Solicitors' Code of Conduct 2007.
Lawyerline is also able to provide guidance on the practice and procedure of the Legal Complaints Service. We can provide updates on the proposed reform and widening of the complaints handling system that is likely to occur with the opening of the Legal Ombudsman scheme in late 2010. Lawyerline promotes the message that if a complaint does arise, adopting good practice in complaints management can have a real benefit in changing a negative perception about the way a client may view your firm.
Call Lawyerline on 0870 606 2588 or email lawyerline@lawsociety.org.uk
Pastoral care
Practice Advice acts as a referral service, guiding solicitors, their staff or relatives to the relevant helpline for assistance with personal, professional, financial or employment difficulties.
Call Pastoral care on 020 7320 5795
About the Practice Advice Service
The Practice Advice Service is a dedicated support line staffed by eight experienced solicitors who answer questions from practitioners on all areas of legal practice, policy and procedure. Common queries relate to anti-money laundering, conveyancing, solicitors’ costs and probate, though assistance can be provided in most areas. In the event that a complex issue is raised, the team holds a weekly meeting where it draws on the experience in practice of the solicitors who work in the team and other sources of information within the Law Society. Practice Advice cannot provide legal advice.
The service is free and confidential. The majority of enquiries are received by telephone and are answered immediately. When enquiries are received by email, we aim to acknowledge and provide a verbal response within 24 hours. Here are some examples of the where we can help.
Money laundering
Practice Advice provides assistance in navigating the Law Society’s practice note on the Money Laundering Regulations 2007 and related legislation. In light of the legislative changes and the potential criminal sanctions against solicitors for breaching such rules, the Practice Advice team is a useful starting point for providing clear and concise guidance to enable practitioners to focus on their duties and responsibilities. The sheer volume and diversity of calls received on this matter may well provide practitioners with reassurance that this minefield need not be crossed alone. Indeed, without discussing details, the team may refer to other similar cases and discuss principles on that basis to provide guidance.
Conveyancing
Practice Advice provides guidance and assistance on all stages of the transaction, including enquiries relating to current issues such as Land Registry requirements. If a policy issue is raised, this can be referred to a policy adviser for further guidance. Matters potentially affecting the profession as a whole may be referred to the Conveyancing and Land Law Committee for consideration.
Costs
Practice Advice has published a series of booklets that provide general information on costs. ‘Payment by results’ covers the often controversial and evolving areas involving contingency fees and conditional fee agreements. Our other booklets include ‘Contentious costs’ and ‘Non contentious costs’ Common queries relate to solicitors’ bills and potential challenges, and the team can assist by providing advice on the current guidelines regarding the various charging regimes.
Probate
Specialist cost-related queries relating to the administration of estates are common, as are queries on foreign assets in addition to general queries on practice and procedure. We also receive questions relating to tracing beneficiaries and the information which a solicitor should provide in relation to a disputed will.
Multi-party actions and group litigation orders
Practice Advice maintains a database of group litigation orders and is the first port of call for practitioners’ queries on details of potential and actual multi-party actions, and on firms who have registered their involvement with us. It is a requirement of the Civil Procedure Rules that all group litigaton orders are registered with Practice Advice.
Call Practice Advice on 0870 606 2522 or
email practiceadvice@lawsociety.org.uk
Lawyerline
Lawyerline is another solicitor staffed service which provides specific, bespoke advice on areas relating to client care and complaints handling. We provide advice to solicitors who may be developing or implementing their own internal complaints handling procedures in compliance with their professional obligations as set out in the Solicitors' Code of Conduct 2007.
Lawyerline is also able to provide guidance on the practice and procedure of the Legal Complaints Service. We can provide updates on the proposed reform and widening of the complaints handling system that is likely to occur with the opening of the Legal Ombudsman scheme in late 2010. Lawyerline promotes the message that if a complaint does arise, adopting good practice in complaints management can have a real benefit in changing a negative perception about the way a client may view your firm.
Call Lawyerline on 0870 606 2588 or email lawyerline@lawsociety.org.uk
Pastoral care
Practice Advice acts as a referral service, guiding solicitors, their staff or relatives to the relevant helpline for assistance with personal, professional, financial or employment difficulties.
Call Pastoral care on 020 7320 5795
Saturday, 27 March 2010
Welcome
Welcome to the first electronic edition of the Wolverhampton Law Society Newsletter. I hope that you will find the new format more user friendly than past paper versions.
This initiative follows on from meetings that Council held at the turn of the year at which Senior Partners from local firms were invited to come up with suggestions aimed at raising the profile of the Society both amongst its members and within the local community. In raising it’s own profile the Society believes it will also raise that of the Solicitors’ profession in Wolverhampton and surrounding areas to the mutual benefit of all members.
The Newsletter will endeavour to provide topical material of interest to the wider membership along with information about the initiatives and events that the Society is involved in on your behalf. It is intended to publish on a Quarterly basis but we will also use the Newsletter to circulate members with Press Copy when it is submitted.
The “blog” format has been chosen for ease of publication. We have made the blog “open” so that there is wider access to it. For this reason we have disabled the usual “comments” facility found on blogs so as to avoid the need to have a Moderator which would be too resource intensive.
Our Press Officer is acting Editor and we welcome suggestions for content in future editions along with articles for possible publication. Our editorial policy will be to focus on matters of interest to the wider membership and the public. As such, Press Releases and Advertorial Copy aimed at promoting individual member firms will not be eligible for publication.
I hope that you will all find something of interest in this first edition and thank you for taking time to have a read through it.
Nick Wynn-Williams (President)
This initiative follows on from meetings that Council held at the turn of the year at which Senior Partners from local firms were invited to come up with suggestions aimed at raising the profile of the Society both amongst its members and within the local community. In raising it’s own profile the Society believes it will also raise that of the Solicitors’ profession in Wolverhampton and surrounding areas to the mutual benefit of all members.
The Newsletter will endeavour to provide topical material of interest to the wider membership along with information about the initiatives and events that the Society is involved in on your behalf. It is intended to publish on a Quarterly basis but we will also use the Newsletter to circulate members with Press Copy when it is submitted.
The “blog” format has been chosen for ease of publication. We have made the blog “open” so that there is wider access to it. For this reason we have disabled the usual “comments” facility found on blogs so as to avoid the need to have a Moderator which would be too resource intensive.
Our Press Officer is acting Editor and we welcome suggestions for content in future editions along with articles for possible publication. Our editorial policy will be to focus on matters of interest to the wider membership and the public. As such, Press Releases and Advertorial Copy aimed at promoting individual member firms will not be eligible for publication.
I hope that you will all find something of interest in this first edition and thank you for taking time to have a read through it.
Nick Wynn-Williams (President)
Wolverhampton Solicitors face grilling as difficult questions are asked of the profession.
Used more to dishing out cross-examination, for once, Solicitors were on the receiving end of a barrage of questions as members of the Wolverhampton Law Society and their guests competed in their annual Charity Quiz in February. Held at the Wombourne Leisure Centre the event has been a firm favourite amongst members and their guests for over 10 years now.
A dozen or so teams took part raising more than £ 500.00p for the charity Shelter which helps homeless people.
President of the Wolverhampton Law Society Nick Wynn Williams said “It’s a great opportunity for members of the local Solicitors’ profession and their guests to get together for a light-hearted bit of fun and all in a good cause. Helping the homeless is particularly important as the chill winds of both winter and recession bite hard.”
Speaking of the contestants Nick added “Although some of our legal eagles do take the quiz quite seriously the majority are doubtless relieved that no one runs the risk of having to do bird if they give the wrong answer!”
By the way we are reliably informed that if you ever have the misfortune to be asked the question “Guilty or Not Guilty?” then the reply “Pass!” is not an option!
A dozen or so teams took part raising more than £ 500.00p for the charity Shelter which helps homeless people.
President of the Wolverhampton Law Society Nick Wynn Williams said “It’s a great opportunity for members of the local Solicitors’ profession and their guests to get together for a light-hearted bit of fun and all in a good cause. Helping the homeless is particularly important as the chill winds of both winter and recession bite hard.”
Speaking of the contestants Nick added “Although some of our legal eagles do take the quiz quite seriously the majority are doubtless relieved that no one runs the risk of having to do bird if they give the wrong answer!”
By the way we are reliably informed that if you ever have the misfortune to be asked the question “Guilty or Not Guilty?” then the reply “Pass!” is not an option!
Hall Pratt and Pritchard-The Presidents letter to the Express and Star
Dear Sir
The members of the Wolverhampton Law Society are truly saddened by the demise of Hall Pratt and Pritchard solicitors as reported in the Express & Star. Established in 1772 the firm was nearly 100 years older than the Society itself and had been an integral part of the professional landscape in Wolverhampton for generations.
The year in which the firm was founded saw the start of Captain Cook’s return expedition to the South Seas and Britain still had a governor in New York. During the ensuing period of over 200 years it made a valuable contribution to the local community helping both businesses and individuals manage their legal affairs.
In recent times the firm faced difficult challenges which the Partners sought to address with a degree of commitment that would have befitted their forebears. It ultimately succumbed in the face of the on-going Recession.
In a letter to me as the President of the Wolverhampton Law Society Senior Partner Jonathan Ritson said:-
“Hall Pratt and Pritchard was established in 1772 and I have lived breathed and slept the firm for my entire working life.
I would like you to pass on my thanks to fellow Council members and other members of the profession locally for the friendship and support that they have shown me over the last 18 years and particularly at this sad and difficult time for my firm”.
It was reported in the Express and Star that the closure of this particular firm could herald the demise of smaller firms in the High Street. It was implied thereby that “big is beautiful”. With respect, this is not necessarily the case when it comes to the provision of local legal services. Indeed, within the legal sector there have been a number of very big concerns that have gone to the wall including some linked with so-called national brands.
I believe that we are fortunate in Wolverhampton to have a strong and diverse community of law firms which has proved to be most resilient despite the ravages of the Recession. As President I should know as I have the privilege to represent upwards of 50 such firms both large and small.
Yours sincerely,
Nick Wynn-Williams
President Wolverhampton Law Society
The members of the Wolverhampton Law Society are truly saddened by the demise of Hall Pratt and Pritchard solicitors as reported in the Express & Star. Established in 1772 the firm was nearly 100 years older than the Society itself and had been an integral part of the professional landscape in Wolverhampton for generations.
The year in which the firm was founded saw the start of Captain Cook’s return expedition to the South Seas and Britain still had a governor in New York. During the ensuing period of over 200 years it made a valuable contribution to the local community helping both businesses and individuals manage their legal affairs.
In recent times the firm faced difficult challenges which the Partners sought to address with a degree of commitment that would have befitted their forebears. It ultimately succumbed in the face of the on-going Recession.
In a letter to me as the President of the Wolverhampton Law Society Senior Partner Jonathan Ritson said:-
“Hall Pratt and Pritchard was established in 1772 and I have lived breathed and slept the firm for my entire working life.
I would like you to pass on my thanks to fellow Council members and other members of the profession locally for the friendship and support that they have shown me over the last 18 years and particularly at this sad and difficult time for my firm”.
It was reported in the Express and Star that the closure of this particular firm could herald the demise of smaller firms in the High Street. It was implied thereby that “big is beautiful”. With respect, this is not necessarily the case when it comes to the provision of local legal services. Indeed, within the legal sector there have been a number of very big concerns that have gone to the wall including some linked with so-called national brands.
I believe that we are fortunate in Wolverhampton to have a strong and diverse community of law firms which has proved to be most resilient despite the ravages of the Recession. As President I should know as I have the privilege to represent upwards of 50 such firms both large and small.
Yours sincerely,
Nick Wynn-Williams
President Wolverhampton Law Society
Taking the heat out of Divorce proceedings
The traditional “adversarial” approach to Divorce has long provided juicy reading material for the great British public. Remember the McCartney v Mills litigation - complete with allegations of media manipulation and lawyers getting a drenching in the courtroom when someone lost their temper? Doubtless a right rollicking read but somewhat unedifying for the participants. Surely there must be a better way to resolve matrimonial disputes? That’s what leading lawyers in the Midlands believe and to prove it they’ve put their weight behind a new approach called “Collaborative Law”. Not a particularly catchy phrase but one that should become more familiar over time. So what is “Collaborative Law” all about?
Nick Wynn-Williams President of the Wolverhampton Law Society and himself a trained Collaborative Lawyer said “ Collaborative Law offers parties involved in the break up of a relationship a constructive way of reaching a resolution of all issues between them including both finances and children. The parties are encouraged to come to an amicable agreement. To achieve this their legal representatives take on the role of a facilitator rather than the more traditional “hired gun” approach where the aim has often been to knock spots off the opponent.”
Within the Wolverhampton area a regional group of specialists has been set up which brings together Solicitors, Accountants, Independent Financial Advisers and other professionals who have both embraced the “Collaborative” approach and received in depth training in the field.
The more constructive ethos behind Collaborative Law has already proved to have benefited children who often find themselves caught in the cross fire between warring parents and it also has the full support of the Judiciary. Family Specialist and High Court Judge Mr Justice Coleridge said: “I am a huge fan of the Collaborative Law Process which forces lawyers and their parties to rethink from scratch their whole mindset and approach to a dispute”
More details and a list of local solicitors who offer Collaborative Law can be found at www.resolution.org.uk
Nick Wynn-Williams President of the Wolverhampton Law Society and himself a trained Collaborative Lawyer said “ Collaborative Law offers parties involved in the break up of a relationship a constructive way of reaching a resolution of all issues between them including both finances and children. The parties are encouraged to come to an amicable agreement. To achieve this their legal representatives take on the role of a facilitator rather than the more traditional “hired gun” approach where the aim has often been to knock spots off the opponent.”
Within the Wolverhampton area a regional group of specialists has been set up which brings together Solicitors, Accountants, Independent Financial Advisers and other professionals who have both embraced the “Collaborative” approach and received in depth training in the field.
The more constructive ethos behind Collaborative Law has already proved to have benefited children who often find themselves caught in the cross fire between warring parents and it also has the full support of the Judiciary. Family Specialist and High Court Judge Mr Justice Coleridge said: “I am a huge fan of the Collaborative Law Process which forces lawyers and their parties to rethink from scratch their whole mindset and approach to a dispute”
More details and a list of local solicitors who offer Collaborative Law can be found at www.resolution.org.uk
If it ain’t bust then break it!
“91% of users felt that they received a good service”
“92% felt that their provider acted in their best interests”
“92% were satisfied with the outcome of their matter”
“Nearly all users said that they found it very or fairly easy to choose a provider”
“85% said that their provider kept them very well or quite well up to date with progress”
“…..personal contact was regarded as essential for progressing matters”
“Overall 86% of users said that they would be likely to recommend their provider”
The above-detailed quotations are from a research document commissioned by the Government which looks at Consumers’ experience of dealings with members of a certain profession. So at a time when “good” news stories are scarce why has there been no publicity? Could it be that the Government doesn’t actually like the findings of the survey? Maybe the answer is in the profession itself? Exactly who could these paragons of virtue be?
How about Surgeons, Nurses, Accountants……surely not Politicians or Bankers?
The answer controversially enough is Solicitors! An answer which the Government does not like at all because, of course, Solicitors as we all know are money grabbing “fat cats”. Which is why the Government is keen to “deregulate” the provision of legal services and to allow the likes of ……..the Banks to play an increasingly large role in their delivery. After all they have been conspicuously successful in their core business of banking haven’t they.
So in order to measure how wonderful its plans will be in practise the Government through the Ministry of Justice commissioned it’s “Baseline survey to assess the impact of legal services reform”*. Presumably, this was meant to give a benchmark of how dreadful Solicitors are and thereby provide a baseline against which to measure the advantages that the Governments friends in “big business” must surely bring to bear going forward. Looks like a rather tall order now. Exactly how will the likes of Co-op legal return even higher levels of satisfaction? But don’t worry Honourable Members as you well know “big business” is very good at convincing people that a mediocre service is in fact very good. Through the power of advertising and “brand” positioning the public can and will be duped into paying more for less. Now that’s what we call progress!
Seriously, how do we preserve the current high levels of service in the face of this folly? The answer is in the survey itself – if you need decent legal advice do what everyone else apparently does – ask friends and family who they would recommend. Good advice we think especially since you can safely assume that unlike “big business” they don’t trouser “referral fees” or “kick-backs. In fact they probably have your best interests at heart……just like your Solicitor.
* Ministry of Justice Research Series 3/10 March 2010 (Finch et al)
“92% felt that their provider acted in their best interests”
“92% were satisfied with the outcome of their matter”
“Nearly all users said that they found it very or fairly easy to choose a provider”
“85% said that their provider kept them very well or quite well up to date with progress”
“…..personal contact was regarded as essential for progressing matters”
“Overall 86% of users said that they would be likely to recommend their provider”
The above-detailed quotations are from a research document commissioned by the Government which looks at Consumers’ experience of dealings with members of a certain profession. So at a time when “good” news stories are scarce why has there been no publicity? Could it be that the Government doesn’t actually like the findings of the survey? Maybe the answer is in the profession itself? Exactly who could these paragons of virtue be?
How about Surgeons, Nurses, Accountants……surely not Politicians or Bankers?
The answer controversially enough is Solicitors! An answer which the Government does not like at all because, of course, Solicitors as we all know are money grabbing “fat cats”. Which is why the Government is keen to “deregulate” the provision of legal services and to allow the likes of ……..the Banks to play an increasingly large role in their delivery. After all they have been conspicuously successful in their core business of banking haven’t they.
So in order to measure how wonderful its plans will be in practise the Government through the Ministry of Justice commissioned it’s “Baseline survey to assess the impact of legal services reform”*. Presumably, this was meant to give a benchmark of how dreadful Solicitors are and thereby provide a baseline against which to measure the advantages that the Governments friends in “big business” must surely bring to bear going forward. Looks like a rather tall order now. Exactly how will the likes of Co-op legal return even higher levels of satisfaction? But don’t worry Honourable Members as you well know “big business” is very good at convincing people that a mediocre service is in fact very good. Through the power of advertising and “brand” positioning the public can and will be duped into paying more for less. Now that’s what we call progress!
Seriously, how do we preserve the current high levels of service in the face of this folly? The answer is in the survey itself – if you need decent legal advice do what everyone else apparently does – ask friends and family who they would recommend. Good advice we think especially since you can safely assume that unlike “big business” they don’t trouser “referral fees” or “kick-backs. In fact they probably have your best interests at heart……just like your Solicitor.
* Ministry of Justice Research Series 3/10 March 2010 (Finch et al)
Friday, 26 March 2010
An invitation to the AGM and free CPD points
Click to enlarge Members are invited to attend the Society’s AGM which will be held at Linden House, Tettenhall Road, Wolverhampton on Thursday 29th of April. The AGM will be preceded by a free seminar entitled “SRA Visits:What Not To Do” .
Starting at 2pm the speaker will be Gary Christianson who is a Solicitor with wide experience in advising on both regulatory and general partnership issues. The seminar is an excellent opportunity for members to learn about how the SRA operates and it comes with free CPD points. The AGM will follow on at 4.00pm.
Notice of Annual General Meeting
Notice is hereby given that the 163rd Annual General Meeting of the Wolverhampton Law Society is to be held at Linden House, Tettenhall Road,, Wolverhampton, at 4.00pm on Thursday 29th April 2010 for the following business to be transacted
AGENDA
1. Apologies
2. Approval of the Minutes of the 162nd Annual General Meeting held on the 22nd of April 2009
3. Consideration of the Annual Report of the Council for the year ended 31st December 2009
4. Consideration of the Accounts of the Society for the year ended 31st December 2009
5. To consider the collection of membership fees
6. President’s remarks
7. Election of Officers of the Society for the ensuing year and the issue of the Office of President
8. Election of Members to the Wolverhampton Law Society Council
9. Election of two representatives of the Society to the West Midlands Association of Law Societies
10. Appointment of Auditors and Remuneration
11. Donation to the Solicitors Benevolent Association and Shelter
12. The Role of the Wolverhampton Law Society – ongoing discussion
13. Any other business
Richard Ennis
Honorary Secretary
Wolverhampton Law Society
AGENDA
1. Apologies
2. Approval of the Minutes of the 162nd Annual General Meeting held on the 22nd of April 2009
3. Consideration of the Annual Report of the Council for the year ended 31st December 2009
4. Consideration of the Accounts of the Society for the year ended 31st December 2009
5. To consider the collection of membership fees
6. President’s remarks
7. Election of Officers of the Society for the ensuing year and the issue of the Office of President
8. Election of Members to the Wolverhampton Law Society Council
9. Election of two representatives of the Society to the West Midlands Association of Law Societies
10. Appointment of Auditors and Remuneration
11. Donation to the Solicitors Benevolent Association and Shelter
12. The Role of the Wolverhampton Law Society – ongoing discussion
13. Any other business
Richard Ennis
Honorary Secretary
Wolverhampton Law Society
Thursday, 25 March 2010
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