CORNWALL LAW SOCIETY Newsletter

2015

President’s Letter

Dear Members, Half way through my term and there is much to report – not all of it bad but certainly concerning when looking to the future.

Crime Tenders for a Duty Contract have been submitted by a majority of firms in Cornwall but very

few firms have tendered in Devon. Some Cornish firms have tendered for Cornwall and Devon while

Wales is generally in the ‘not tendering’ bracket. What we don’t know is to what extent the

Government has a backup plan of using XYZ Large Firm(s) to cover areas where there are no, or very

few, bids. Watch this space as the results unfold.

Of local concern is the closure of Launceston Custody Centre. Firms in the East of the county may

see a reduction in work when detainees are taken to Charles Cross which is nearer for the police

from say Liskeard. I will be arranging a meeting with Police, magistrates’ court and crown court

officials to see how work will be allocated once the closure takes effect. If work gravitates to

Plymouth this will have an effect on both magistrates court and crown court work in Cornwall and

could threaten another court closure.

Dare I mention the Criminal Court Charge? – an insidious tax on those generally less able to pay

then others. I have already experienced a drunk being fined and had £150 CCC imposed - but he

was given court detention to pay off these charges – so no change for HM Gov there.

Family - post Legal Aid withdrawal. Most family work may well have benefitted from the loss of

legal aid. Private fees seem to hold up well and fixed fees ‘a la Carte’ provided by most firms are

more generous than the old legal aid rates.

Beware the question on your PII proposal form as it may ask if you offer such ‘a la carte’ fees and

this could affect your premiums. So it is important in ancillary relief claims that you get full

disclosure even if clients tell you they are agreed and just want a quick consent order!

And you will need no reminder from me that a very carefully worded letter is necessary for clients

who feel they have no need for an order. Beware 8 years down the line when a new claim raises its

head!!

Mediation still has its part to play where legal aid is available for qualifying clients on low incomes.

Conveyancing – shows a marked recovery. Veyo is now launching by geographical area and your

Committee’s view about this system is reflected elsewhere in this Newsletter.

Civil litigation. – Not my area of expertise but I am aware of the many changes in funding regimes

so that ‘No win No fee’ is difficult to explain to a client in simple terms. There are also the

extortionate court fees which remind me of the CCC above.

Mediation is being encouraged in civil cases as well. In Employment it is compulsory to refer to

ACAS for conciliation before the ET1 is issued. One month is allowed for this process and the three

month time limit to issue is suspended during these negotiations.

General Interest

The SRA Consultation gave us little time to respond but it is extremely important that we all study

it and respond as there could be far reaching changes to our profession. We stay silent at our peril.

Submissions are being made by TLS, ASWLS (Association of South West Law Societies) ourselves,

firms and individuals. A broad view on the Consultation is that it packs too much in for one

consultation and each of the significant headings should be subject to individual consultations.

Did you know it covers Referral Fees, Apprenticeships and the concept of a Third Party Client

Account? You really do need to read and respond.

At the Presidents and Secretaries Conference last month an interesting announcement came

from the SRA acknowledging that there had been mistakes in introducing and managing their

regulatory functions in the past. There was now a more conciliatory approach to the relationship

between TLS and the SRA; both organisations had much to offer and the profession should gain

confidence in this renewed cooperation.

The CLS Constitution. This has been revised and reviewed by your committee. Apart from gender

issues and enlarging the type of qualifying members there has been one further significant

Golf Challenge - The Allen Knight Memorial Golf Trophy

It is Cornwall Law Society’s turn to host the above and this year's match is to be at Lanhydrock Golf Club, Bodmin on Thursday 17 September 2015

If anyone is interested in playing in this event and would like further details, please contact: Andrew London Email: alondon56@googlemail.com Telephone: 01326 563045.

amendment I would draw to your attention. The Committee has struggled on too many occasions to

be quorate and thus we have included a reduction for the quorum from 7 down to 5 including at

least one officer. I hope this will meet with general approval.

It shouldn’t need further amending as it will never come into being if there are continual revision

proposals - generally of a minor nature - so I urge members to give it a favourable reception when it

appears before the AGM in November. Perhaps it can endure for another 100 years before it needs

updating again!

Sponsorship. Your committee is encouraging sponsors at the AGM, the Annual Dinner, on the

website and in the Newsletter. We have to establish a source of income which will replace course

income as people switch from courses and CPD points to alternative methods of achieving

Competence under the new regime. My personal preference is for 6 hours training of your core

discipline with other tailored training to cover matters identified at your appraisal as needing

improvement. If you look at the heads/pointers needed for Solicitor Competence you will find that

although detailed most of us embrace them already on a daily basis.

A Lighter Note I have set out a crossword in this edition (with considerable help from Margot).

There is a word search ready for the next issue. Would members scream at me if they feel this is

inappropriate or too down market for the Newsletter?

Finally let’s hope for a good summer of rest and recuperation before more serious matters raise their heads again in the autumn.

Chris Nicholls

President, Cornwall Law Society

One of the issues impacting the Professional Indemnity Insurance (PII) renewal this year is the issue of cyber security. It is almost daily that we read about another hacking scandal, client account theft (the “Friday afternoon scam”) or data breach. What is cyber security? Is my practice exposed? What insurance options are available? Will my PII policy protect me? Why should I consider a cyber-liability policy? Cyber risk is everywhere. And the real danger is that it is evolving on a daily basis. Hackers are constantly developing “bugs” or “worms” that can infiltrate even the most complex of IT security systems. These anti-virus systems face a continuous battle to keep responding to these attacks yet the risk is not just technological. Humans are just as vulnerable to a hacking scandal. People can be duped into handing over sensitive information, bank details, and client data without realising the person on the end of the phone or e-mail is a fraudster. Cyber risk and data protection ranges from a lost laptop on a train to the most complex of computer code. If you have a website, if you hold customer data, bank details, medical records, intellectual property, addresses – the list is endless – then you are exposed. The American market is more developed in respect of its regulation. Breaches must be disclosed to customers within strict timeframes. Data that goes missing must be tracked and monitored for significant periods of time at vast expense to the victim of an attack. The various regulators also have the power to issue fines and penalties should protocols not be followed. The financial implications of reputational damage must also be considered. This form of regulation is inevitably making its way across the pond to the EU. While new legislation is not due until 2016, and indeed the exact make up of it has yet to be confirmed, it will be implemented sooner or later. This will present all companies with a significant challenge – but especially legal practices, no matter what their size. We are already seeing many examples where law firms have been the victim of cyber-attacks – data has gone missing, bank details taken or a firm’s identity is even used to extract funds during a conveyancing transaction. The scams are sadly becoming more complex and more common. The insurance market is constantly evolving to deal with this threat on customers. Companies are taking the purchase of Cyber insurance more and more seriously. There are now several high profile losses in the market as a result of a Cyber- attack, but it is not only the large companies that are being targeted. Third party losses can often be covered by a professional indemnity policy, but generally speaking a Cyber insurance policy will protect a firm against first party loss. For example, the investigation costs following a hack or data breach. The cost of monitoring the data and informing those affected and even the marketing costs for minimising reputational damage can be covered under a Cyber and Data Security policy. Most policies provide access to a Crisis Consultant or Breach Coach who can hold your hand through the process, especially the first 24 hours, which is when most damage is done. This instant access to experts who are trained to deal with these situations can be invaluable to a firm. Law firms are high up the target list for hackers. Think of all the information a law firm might hold; bank details, personal data, and medical records – the list is substantial. Think of the sum of money that can be sitting in the client account of even the smallest of conveyancing practices. Will a small high street practice have the most robust IT firewalls, or the latest fraud prevention measures? The threat to law firms is very real and caution must be exercised by all employees of a firm. From reception staff, to accounts, to managing partner – everyone can be a victim. Firms should have a clear guidance available to all staff on what to look out for. Awareness of this issue is essential, as it can help to avoid a repeat of scams that have already taken place. Test your internal accounting procedures, seek the support of third party expertise, research the insurance that is available that can protect your business and your customers. Get in touch. James Noon, Vice President, Paragon International Insurance Brokers Ltd

Paragon are insurance brokers to the legal sector. We specialise in Professional indemnity insurance (including our own exclusive facilities), COLP/COFA insurance and Cyber liability.

Article by James Noon Vice President, Paragon International Insurance Brokers Ltd

Council Member’s Report

No report from Helen this time around but if you have any questions, Helen can be contacted at:

hd@peterslangsforddavies.com

CLS – Compliance Group

This is a support group for Compliance officers who are members of Cornwall Law Society Next Meeting: Coodes Truro Offices 4.00 pm- 6.00pm on Wednesday 22 July 2015

Please note the earlier start of the above meeting as James Noon of Paragon Brokers will be present to talk to the group about Directors and Officers Insurance Policies. Please note the earlier start to enable the group to fit in its usual business following James’ talk. An Agenda for the meeting will be circulated prior to the meeting. If you wish to attend this meeting, then please register with our Administrator – margot.colgan@cornwalllawsociety.org.uk

COFFEE BREAK

ACROSS

DOWN

1 Additional penalty for victims of crime 2 They decide the facts

5 For ever? 3 Father

6 The law varies with the length of his foot 4 Where the survivorship rule applies

9 They answer the charge 6 An act or bill

10 Legal worker 7 Half of a marriage

11 Pony and trap? 8 Formal court documents

12 Not criminal 9 Legal document

14 Part divorced 12 Barristers’ offices

16 One’s inner self 13 Not innocent

19 Pertaining to the judge 14 Lived sos (anag.)

20 Contains drugs 15 Head gear

21 Advocate 17 Ongoing

22 Will maker 18 Dues or bill assessing process

24 Dob one’s mates 23 Show deference

25 Examination

26 Brief skirmish

27 Court dress

£5 prize to the first person to submit their completed correct crossword to:

Chris Nicholls, President of Cornwall Law Society at C Nicholls Solicitors DX 81851 BODMIN The President’s decision is final.

- FAMILY MATTERS -

Are Post-Nuptial Agreements being given more weight?

The latest Post-Nuptial Agreement case of Hopkins v Hopkins [2015] EWHC 812 (Fam) indicates that Post-Nuptial Agreements are being increasingly largely upheld. In this case, divorce proceedings had materialised after a lengthy relationship involving a large amount of separation and subsequent reconciliation. The wife had signed a Post-Nuptial Agreement despite having been informed that it would leave her with less than a Court was likely to order in ancillary relief proceedings. Nevertheless, there was evidence to suggest that she had in part drafted the Post-Nuptial Agreement. The wife, however, later alleged that she had signed the Post-Nuptial Agreement under undue pressure and the Court was asked to take into account her emotional state at the time. The husband made an application for notice to show cause as to why his wife should receive a settlement in excess of the amount they had agreed pursuant to the Post-Nuptial Agreement. The wife claimed that the Agreement had been made under undue pressure whereby the husband secured an unfair advantage. The Court rejected the wife’s claims of vitiation by duress and considered a number of issues following three days of oral evidence and close examination of correspondence going back many years. The Court considered the Post-Nuptial Agreement on its own merit when determining whether or not it was fair. Respect for individual autonomy was central to the question of whether the Post-Nuptial Agreement should be given full weight. The Court held that the wife’s needs were adequately met by the terms of the Post-Nuptial Agreement, plus a further lump sum of £200,000 which had been offered by the husband, with each party bearing their own costs. The Court also made reference to the fact that its implementation would be fair to the husband. It is anticipated that we shall see more such similar cases in the future. Zoé Lock Solicitor and Partner – Randle Thomas LLP Honorary Secretary and Treasurer, Cornwall Law Society Chair – Cornwall Resolution

- Compliance and Veyo –

I’ve been surprised by the attitude of solicitors to the inception and introduction of Veyo. At best they have been cautious and at worst, openly hostile to the concept of a Law Society developed, paid for and backed conveyancing portal. The product has not been helped by a somewhat clunky launch. One of the perceived threats is its available to Licensed Conveyancers. It must be better that it is available in all property transactions, not just for the privileged few. Surely members of the legal community should be adjusting to changing market conditions, which is reflected in a wider professional landscape. A universal, on line platform that assists us all to standardize work and communicate effectively, must be good for working practices. Another criticism is that it does not sit pretty with a dedicated conveyancing case management system, which cost thousands to install and licence. Surely the fact that if it is available across the board and therefore should become standard in the market, it is not a great burden to connect existing case management systems to Veyo and IT managers and providers should be encouraged to find solutions. My view is that anything that is widely available to the profession, which is affordable and which will allow a more uniform approach and a greater degree of transparency and accountability, is a good thing. Of particular benefit must be the ease with which the firm on the other side of a property transaction can be checked out, ensuring that the funds that we hold on behalf of clients are not sent to rogues. If it puts sensible protection in one place that must be good for compliance. It should produce greater productivity for property lawyers, working with lenders and agents and making the process more accessible, faster and safer. As professionals, we would not want the process to become too informal and it is therefore important, as with e mails, to ensure that communication is not done at too low a level, or without proper consideration. If the whole transaction is conducted on Veyo, how does a supervisor monitor it? There must be an advantage from a compliance perspective that the data is stored indefinitely and forms a transactional history, access to which could be invaluable in the future. All innovations will have teething problems and the launch of Veyo has been no exception. However, it is far more likely to succeed and it will be far more useful to lawyers moving forward, if we all give it a go. Robin Pender Solicitor and Principal – Penderlaw Solicitors Vice President, Cornwall Law Society

Crime going digital x

- JUNIOR LAWYERS UPDATE -

First a few updates from the National Junior Lawyers Division:

Fancy having a say in how the Law Society supports, promotes and represents

solicitors – well now’s your chance! As the legal landscape continues to change, the Law Society is taking a hard look at

how it continues to support, promote and represent solicitors in the future, and we want your help. As a student lawyer, trainee or junior solicitor, it’s vital that we get your

views on what the Law Society should do as the profession’s representative body.

What do you think the future of the legal sector looks like?

What do you think regulation should look like?

What should the Law Society’s role in legal education and professional standards

be?

What would you like to see the Law Society do more of?

You can join in with the discussion on the future of your profession on Twitter every

Thursday from 3-4pm.

Each week there will be a new topic to discuss - keep an eye on the hashtag #LawSociety2020, the Law Society’s main Twitter account, @TheLawSociety, and the Junior Lawyers Division’s main Twitter account, @juniorlawyers, to find out what’s

coming next.

If you don’t have Twitter - or you have more to say than can be squeezed into a tweet - you can also email your thoughts to lawsociety2020@lawsociety.org.uk.

Annual Essay Competition Have you got some spare time and fancy winning a cash prize of £500, well here’s your

chance as the fifth annual JLD essay competition is now open.

This year’s title is: ‘Should there ever be a case for absolute anonymity in legal proceedings, and if so, why and for whom?’

The essay should be no more than 2,000 words. Closing date for submissions is 31 July

2015. The winner will receive a cash prize of £500 and their essay will be published on the JLD website. Runner-up essays will also be published.

Who can enter? The competition is open to LPC students, LPC graduates working as paralegals and trainee solicitors as of 31 July 2015.

How to enter Please send your essay to juniorlawyers@lawsociety.org.uk.

Trainees – are you struggling to maintain a training record? Then Online Mentor might be the answer The SRA Training Regulations 2014 came into force on 1 July and require trainee

solicitors to maintain a record of training that contains details of work they’ve done and which cross-refers to the (90+) prescribed skills in the SRA Practice Skills Standards

(the standards expected of all newly qualified solicitors on admission).

South West Regional Manager’s Report This is the link to Matthew Still’s June report. http://www.lawsociety.org.uk/support-services/documents/south-west-monthly-report-june-2015/ Inside this month’s review:

The Law Society 2020

The Queen’s speech

General Election

Regulatory

Veyo, Nationwide and CQS

Excellence Awards

Promoting the Profession

Criminal Legal Aid

International Marketplace Conference 2015

MoJ accelerates court Wi-Fi

Have your say on the Legal Ombudsman

Local Law Society news

Law Society Chief Executive/Office Holder roundup

Regulatory

Events

Practice Notes

Unless your training principal can affirm that you have a ‘full and complete’ training record in accordance with the SRA Regulations, they will not be in a position to sign off

your ‘AD1’ form for admission as a solicitor at the end of your training contract. FREE access for trainees to Online Mentor™ – the leading web-based training record

platform

Used by nearly 1,000 trainees already at over 20 of the top 100 law firms plus numerous in-house legal departments, Online Mentor™ is offering all trainee solicitors FREE personal access to its web-based training contract record platform. Online

Mentor™ makes compliance with the SRA requirements quick and easy. It also lets you build a dynamic database of experience by tagging it against key practice areas,

invaluable when it comes to CV building and preparation for newly qualified applications.

Interested? Visit the Online Mentor website and log your interest via a quick online questionnaire.

More locally…

Social evening As the sun is shining we thought we’d head to the beach after work for a drink and a

bite to eat. Please join us at Walkabout, Newquay on Monday 28 September, from 6pm. Hopefully the sun will still be shining!

Please e mail Charlotte (cward@cornwall.gov.uk) or Ben (bcurnow@cornwall.gov.uk) to confirm that you will be coming along. It would be great to see you there!

Junior Challenge Keep your eyes peeled because we will be organising a charity event later this year in

which the Cornwall Junior Lawyers will go head to head with the rest of the Cornwall Law Society. Further details will be announced later this summer.

Our recruiting is progressing well with two recent appointments.

We still need:

an experienced Probate Practitioner, part time, to help, with peer support rather than close supervision, with complex wills and estates as well as routine matters.

Send your CV or speak to Alan Gates on 01209 213646.

a good Property/Commercial Solicitor or Senior Legal Executive. An active, able lawyer can greatly develop our Commercial work in volume, complexity and value, as well as expand the successful Residential department. This is a Partnership Opportunity in a profitable firm.

Apply to Thurstan Hoskin with your CV or ring for a preliminary chat on 01209 213646.

No approaches through agents please.

Thurstan Hoskin Solicitors, Chynoweth, Chapel Street, Redruth TR15 2BY.

See www.thurstanhoskin.co.uk

RECRUITMENT

LITIGATION SOLICITOR/ LEGAL EXECUTIVE

We are looking for an experienced Solicitor or Legal Executive to head up our Litigation Department. This is an exciting opportunity for someone to develop their potential and to expand the department. A competitive salary will be offered to the successful applicant who will have at least 5 years PQE in all areas of general civil litigation including matrimonial and family law, boundary disputes, personal injury, employment law, commercial contracts, consumer law and debt. Ideally the successful applicant will either be a Law Society panel member for their areas of expertise or be prepared to consider becoming a member. Please apply in writing with a CV to Angeline Martin or Lauren Gillespie preferably by email to am@macmillans-solicitors.co.uk and/or lg@macmillans-solicitors.co.uk Start date – negotiable Job share considered.

MACMILLANS SOLICITORS LLP

Cornwall Law Society

Committee vacancies

Two current committee members will have served their three years by the time of our November AGM. Consequently, the committee will have two vacancies to fill. If you are interested in playing an important role in the future of CLS, please contact Margot or Zoé. The role would involve attending the majority of committee meetings held six times a year and contributing to the CLS quarterly newsletter from time-to-time. If you would like to know more, please contact Zoé on 01326 572951 or by e-mail – zoe@randlethomas.co.uk.

and finally...

a very big “thank you” to all those who have contributed to this edition of the Society’s

Newsletter which has more pages than ever before!

There is now the usual “summer break” when there are no courses running or Committee

meetings. I will therefore be taking the opportunity to take a few weeks off. You can

however still contact me via email. I will endeavour to reply to any query as quickly as

possible but as I will be abroad for some of the time, please bear with me if there is a slight

delay.

Until next time, have a great summer

Best wishes

Margot

Contributions for the “Autumn” edition of the Newsletter please by Friday 4 September 2015 to enable it to be compiled and circulated during the week of 7 September CONTACT DETAILS:

Zoe Lock (Hon Secretary) Margot Colgan (Administrator) Tel: 01326 572951 Tel: 07513 061271 E-mail: info@cornwalllawsociety.org.uk or margot.colgan@cornwalllawsociety.org.uk