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Category: january 2017 (18 posts)


| 06th September 2017 | Newsletters
LawCare - Resilience Resilience Resilience is the ability to adapt and bounce back when things don't go as planned. Resilient people don't let failure bring them down; when things go wrong they forge ahead anyway. In any workplace there will be people who thrive on challenges and difficulties while others panic and withdraw at the first hint of trouble. If you’re in the first group your work resilience is high and you probably deal more effectively with the stresses of your job and cope well under pressure. If you’re among those who haven’t been born with natural resilience, the good news is that anyone can learn how to develop resilience, and it’s not as difficult as you might think. In his best-selling book, The Resiliency Advantage, Al Siebert writes that “highly resilient people are flexible, adapt to new circumstances quickly, and thrive in constant change. Most important, they expect to bounce back and feel confident that they will.” That expectation is closely linked to a general sense of optimism – not a quality lawyers are trained to develop – but it is nevertheless possible to develop the right mental attitudes to cope and even flourish when the going gets tough at home or in the office. Learn to see challenges, mistakes and failures as valuable learning experiences. Give yourself a pat on the back when things go well. Be kind to yourself, and forgive yourself when things go wrong. Treat yourself occasionally. Don’t give in to negative thoughts. Challenge them, and ask whether those thoughts are true or realistic. Use humour to defuse and downplay difficulties. Laugh at yourself, and situations. Siebert writes, “Playing with a situation makes a person more powerful than sheer determination. The person who toys with the situation creates an inner feeling of ‘This is my plaything; I am bigger than it . . . I won’t let it scare me.’” Be flexible. Recognise that nothing stays the same, especially in work enviro...

| 06th September 2017 | Newsletters
Challenge Cup 2016/17 - Final Event is Quiz Night Venue: The Globe Hotel, Topsham Teams of 5: £11.50 inc. VAT per person to include hot buffet.Contact us on 01392 366 333 or email tony@dasls.com if you wish to enter a teamwith the following details:Firm, Name of person to whom all future correspondenceshould be sent and email address ...

| 06th September 2017 | Newsletters
Introducing the new Committee of the Junior Lawyers' Division, Devon & Somerset ...

| 06th September 2017 | Newsletters
President's Charity - Join in a Skydive FREEFALL FROM 15,000FT TO HELP LOCAL HOSPICE PATIENTS AND FAMILIES North Devon Hospice has been named as charity of the year for the Devon & Somerset Law Society, as nominated by President Mark Roome.     On Friday 10th March 2017 everyone connected with the Society is invited to take the ultimate leap and join in a skydive in aid of the President’s charity.   The 15,000ft freefall will take place at Dunkeswell Airfield near Honiton and your President Mark Roome will be leading from the front by taking part himself!Stephen Roberts, Chief Executive of North Devon Hospice, said that hehoped to see as many people as possible sign up.   “We have arranged adedicated day at the airfield for DASLS members to skydive together and,in the nicest possible way, we hope to see lots of you falling from the skyon Friday 10th March!” Donations gratefully received at  http://uk.virginmoneygiving.com/MarkRoome   Stephen said that skydiving is an unparalleled experience, and a great way to raise funds for the cause. “Everyone who has done a parachute jump will tell you it is one of the most exhilarating things you could ever do. There is no feeling like freefalling from 15,000ft, it is an unbelievable rush that is sharply contrasted by the tranquility you experience when the parachute opens. As you glide back to earth, you appreciate the beautiful landscape around you from a completely new perspective. Skydiving is a popular way of raising funds for North Devon Hospice, because people are always willing to sponsor you for doing something as challenging as this.” All funds raised from the DASLS skydive day will help North Devon Hospice care for local people affected by cancer and other life-limiting illnesses. “We care for people through the toughest of times,” said Stephen. “When someone is diagnosed with a life-limiting illness like cancer, their whole world changes. But the impact is also felt greatl...

| 06th September 2017 | Newsletters
How can you speed up Conveyancing Searches - by SPONSOR Wessex Searches Wessex Searches understand that time is of the essence during property transactions, and any delays could lead to a break in the chain, mortgage offers expiring amongst other issues. Here are five simple tips which can speed up your search results being returned to you.Tip 1: Location Plans   Along with the property address, the location plan is the most important information required to complete your search, and most providers cannot complete the search without it.It is recommend that you submit a land registry plan as they are reliable and make it easier to locate the property. If you are searching against a new development, the more plans the better! Sending us plot plans, land registry plans with the estimated location marked and grid references will speed up the search and will eliminate queries, saving you and your client time.Tip 2: Addresses   Providing a full address is always important, even for new developments with plot numbers. The same applies for flats - we always require their numbers or if they’re known by a specific floor as billing details can be different within the whole property, and without these specific numbers or floor levels we cannot supply the individual property connection details.Tip 3: Occupier Details   They are not always required; however they assist with locating the billing account details for the search. If you are unable to find occupier details due to the property being vacant, an old water bill will be just as useful.   Tip 4: Land and Developments   Informing the supplier if the request is a new development or land will save time querying yourselves trying to find out connection details. New developments do not have connection details as they won’t be added to our billing system until the new occupant moves in.Tip 5: Completion Dates   If the estimated return is after the set completion date, please inform us! All suppliers unders...

| 06th September 2017 | Newsletters
Digital Transformation - how to get it right by SPONSOR Barclays Digital Transformation - how to get it right To utilise successfully digital transformation, businesses must reshape without losing sight of their core offering. Often, it is about thinking creatively and adding innovative services, say our two expert commentators. The benefits of digital transformation transcend the banking and legal sectors, according to Ben Hession, Strategic Transformation Manager at Barclays. “There has been massive cultural change in acceptance of new technology – not just in the UK, but globally,” he explains. “Digital transformation follows this new technology and its spread has been rapid and strategic.” Customers remain the focus for Barclays, he says. But the bank is also proactively connecting with customers, clients and non-customers in a way that is beyond ‘being a bank’. “Barclays has moved on from just providing banking and financial services; it now offers interactive engagement in different areas, including the use of digital technologies,” he highlights. “We are still a bank on the face of it. But customers and non-customers can now talk to us about how to use digital technology and social media, and about the challenges facing their own businesses.” Helping digital to take flightDigital Eagles - Barclays employees who have a passion for online and social media and a desire to pass on their knowledge to others - have been a major transformational driver. “The Digital Eagles campaign started a few years ago after Barclays sent out iPads to staff,” Hession continues. “The bank placed the largest corporate order for iPads at the time and sent 10,000 out to our employees across the country for work and personal use.” It was soon clear that most of the iPad users were not as digitally savvy as was first thought. “That was a wake-up call,” Hession admits. “We realised that if our colleagues aren’t going to be digital, how ca...

| 06th September 2017 | Newsletters
Court of Protection Costs Update: keeping the OPG happy - By SPONSOR bSquared costs law COURT OF PROTECTION COSTS UPDATE - KEEPING THE OPG HAPPY   As practitioners will no doubt be aware, over the past year or so the Office of the Public Guardian (OPG) has been working more closely with the Senior Courts Costs Office (SCCO) in order to maintain control of practitioners’ costs. This involves the deputy detailing their proposed work for the forthcoming general management year and providing the OPG with an estimate of costs.   Whilst this remains in its infancy (we will be submitting estimates within submitted bills of costs next year), we have noted during the course of the year the OPG are taking more of a keen interest in practitioners’ costs. Here, we examine the steps they are taking and what you can do on a practical level to keep them happy.   We have had a number of enquiries recently regarding requests from the OPG for final costs certificates, in order to back up the bills that have been raised. Our advice here is simple: once you have had your bill assessed and accepted it, make sure you request your final costs certificate as soon as possible. Whilst the assessment may be agreed, the court needs to rubber stamp the assessment and the final costs certificate is essential in evidencing the costs to which you have been allowed by the court.   It can take up to three months for the court to issue a certificate; such is their work load at present. Our advice is to always keep a copy of the assessed bill (complete with castings) to ensure that if the OPG require evidence before the certificate is received, you have it to hand. This also ensures that if the bill goes “missing” you have a backup copy as the court does not keep copies on their file.   Furthermore, once you have received your certificate, our advice is to write to the OPG and provide them with a copy of the final costs certificate and all the invoices/charges you have raised...

| 06th September 2017 | Newsletters
Getting Ready for the GDPR by SPONSOR - Alchemy UK businesses have less than 18 months to develop and update their processes, policies and systems in order to comply with the General Data Protection Regulation (GDPR) which the UK government has confirmed will be implemented. The GDPR applies not only if the data processor or the data subject is based in the EU but also to organisations based outside the EU that process the personal data of residents of any EU country.    Firms should start now to get geared up for implementing the GDPR.   Conduct an Audit   A good place to start is with a formal GDPR impact assessment. An audit will enable your firm to identify and document all the personal data it holds, where the data came from and who it’s shared with. Don’t forget to look for copies of documents containing personal information that could be held by vendors and subcontractors. An audit is an excellent opportunity to review existing processes for the collection, storage and tracking data and then making necessary adjustments.   Have Procedures and Policies   An audit is also a good time to review and update data protection policies and procedures. It’s important for firms to develop a culture of monitoring, reviewing and assessing its data processing procedures. Ideally the aim should be to minimise data processing and the retention of data. Staff should be trained to understand their obligations under the GDPR.   Privacy and Consent   Privacy should be embedded into any new processing developed by your firm (privacy by design). Check whether the type(s) of profiling your firm conducts need explicit consent. If it does then review how consent is obtained and recorded. It should be freely given, specific, informed and unambiguous. It cannot be inferred. As firms bear the burden of proof it’s vital to test and optimise data collection statements and ensure that your database can store proof of consent and multiple permissions.   C...

| 06th September 2017 | Newsletters
A New Year: Are Firms Ready for Change? - By SPONSOR PKF Francis Clark LLP During 2016 we saw the third phase of the SRA consultations to undertake a full review of the SRA Accounts Rules. This phase of the consultation put forward some significant changes to the SRA Accounts Rules and in particular a change in the definition of what represents client money.   The SRA has now provided some interim feedback from 105 responses received under this phase of the consultation. The elements that were contained within this consultation certainly have some key implications for firms The following covers the main areas within the consultation and what has been announced thus far.   So what are the proposed changes?   Full details of all the points that were consulted on can be found on the SRA’s website. However in summary the main areas are: Simplification of the SRA Accounts Rules Optional use of Third Party Managed Accounts An alternative definition of what represents client money Simplification of the SRA Accounts Rules   Over the years there have been a small number of gradual changes to the Accounts Rules in one form or another, with more recent changes arising from the 1st and 2nd phases of the recent current consultation process. These phases of the consultation resulted in certain exemptions on the requirements for firms to obtain an Accountants Report and changes in the way Reporting Accountants conduct their work from the previous prescriptive tests in place.   Under this 3rd consultation phase, this has included a comprehensive rewrite of the Accounts Rules removing their prescriptive and unnecessarily complex nature from a framework that has been fairly rigid for nearly 20 years.   The full proposed changes can be found within the SRA’s closed consultation documents but in summary there are far fewer rules (still with additional supporting guidance). Those rules that do remain will contain less detail and remove specific time li...

| 06th September 2017 | Newsletters
CPD - Goodbye to a familiar regime by SPONSOR Aon CPD - Goodbye to a familiar regime     The demise of the Continuing Professional Development (CPD) regime has been signposted for over two years but not everyone will be ready for what replaces it. Most solicitors currently practising have not known any other system of professional development. This leaves plenty for firms to reflect on before the new requirements become compulsory on 1 November 2016.   The current CPD regime has not changed dramatically since it was introduced by the Law Society in 1985 (the Solicitors Regulation Authority (SRA) did not become the profession’s regulator until 2007, following reforms introduced by the Legal Services Act 2007). The current requirement that all solicitors should complete a minimum of 16 hours CPD activity every year will cease at the end of October.   The SRA has been concerned for some time that the current CPD regime is not fit for purpose. Its main concerns are that the regime is overly prescriptive, focuses on a set number of hours without any focus on how the training achieves competence and is difficult to enforce. One thing not mentioned specifically in its consultation was the abuse to which the regime was subject.   A common sight at seminars and conferences every September and October has been the delegate who is clearly only interested in clocking up CPD ‘hours’. Sitting at the back dealing with e-mails and slipping out to take calls, they pay no attention to the subject matter of the conference. Some of the worst abuses were from individuals who turned up at the start of the course, registered for CPD and then disappeared.   The regulatory context for the new rules stems from Principle 5 in the SRA Handbook 2011 which requires all solicitors to provide a proper standard of service to their clients. This principle is expanded on in the SRA Code of Conduct 2011 at Outcome 1.4 (solicitors must have the skills to carry out their client...

| 06th September 2017 | Newsletters
Mill Water recruiting School Governors Mill Water School is looking to strengthen its ties with the local community.   They are currently recruiting school governors and are specifically looking for individuals with experience in business with financial skills, or a background in HR.   Mill Water is a 3-19 special school educating pupils with severe and profound learning difficulties. In January 2015 it moved into a new purpose built school in the grounds of Bicton College. The Governors at Mill Water perform the most important voluntary role at the school and their full and diverse governing body is a source of enormous strength to the school. Working as a team, the governors support and challenge the senior leadership as they strive for the best possible education, learning environment and future prospects for the school's pupils.   To be a governor at Mill Water you do not need to have experience in teaching, or working in an educational setting, as training on these areas will be provided. Being a school governor is a big commitment, however, being involved in the progress made by our students is incredibly rewarding.   If you have knowledge and experience of business and would like to find out more about being a Governor please contact   Philippa CharltonClerk to GovernorsMill Water SchoolBictonEast Budleigh EX9 7BJT: 01395 568890E: pcharlton@millwater.devon.sch.ukW: www.millwater.devon.sch.uk...

| 06th September 2017 | Newsletters
Torquay Joint Medico-Legal Meeting 19 January 2017 TORQUAY & DISTRICT MEDICAL SOCIETY   Established 1840   President: Mr Ian Fraser MD FRCS   A Joint meeting with Devon and Somerset Law Society will be held at   The Palace Hotel, Babbacombe Road, Torquay   PLEASE NOTE CHANGE OF DATE Thursday 19 January 2017   Speaker: Dr. Peter Moore – “A police surgeon’s lot”   Dr. Peter Moore is well known to many of you as a former Torquay GP. As well as the day job he was also a police surgeon, nowadays known as an “FME”. Amongst other delightful work this involved checking detainees in the Police Cells, taking blood from drink drivers, examining both victims and the accused in sexual offences and examining dead bodies, whether suspicious or not.   In the 1980s he attended a six modular course at Manchester University in clinical forensic medicine and the passed the Diploma of Medical Jurisprudence.   He is now a member of the Faculty of Forensic and Legal Medicine. Although no longer a “hands on” FME he is still the Independent Clinical Consultant to Devon and Cornwall Police giving advice, sitting on committees and giving lectures to custody sergeants.   This talk is designed to give an insight into the role with numerous anecdotes and some black humour. It looks at the world of crime which is not only in large cities but on your doorstep. …………………………………………………………………………………………………………… To: T&DMS, c/o Jackie Barrett, 67 Steed Close, Paignton, TQ4 7SP Telephone: 01803 842924     Mobile: 07968 317452     Email: jb.barrett@btinternet.com I shall be attending the meeting on Thursday 23 February 2017 at the Palace Hotel, Babbacombe Road, Torquay – 7.00 pm for 7.30 pm. The cost of the evening is £22 per person. Total…………people. Number of Vegetarian Meals……………... Name:…………………………………………...

| 06th September 2017 | Newsletters
Desire to help after Exeter fire leads to art-inspired fundraising Property Search Group has announced plans to help rally Exeter’s legal community to raise money for Devon Community Foundation’s Fire Fund, by launching an art inspired campaign with the potential for a lasting legacy.   PSG has commissioned Devon artist and illustrator Sara Nunan to create a painting of a day in the life of Southernhay, historically the city’s legal hub. The region’s law firms have the opportunity to support the fundraising effort by choosing one of their colleagues to feature in the street scene. The legal community will then be invited to a charity auction, in early spring, to bid on the painting and prints for their offices. The campaign has already gained support from Exeter City Council and the Devon and Somerset Law Society.   PSG is the leading independent provider of quality conveyancing searches in England and Wales, with local offices in Plymouth and Langport. Andy Towers of PSG explains more about the campaign:   “The idea behind Southernhay Life came about after talking to colleagues in Exeter keen to provide support following the devastating Royal Clarence fire. Many of the region’s law firms have been based in Southernhay, at one time or another, and have a real attachment to the city’s historic centre. The Devon and Somerset Law Society even had its first meeting at the Royal Clarence in 1808.”   Andy continues: “The artwork will commemorate this rich heritage, in an original and contemporary way, while creating a lasting legacy for Exeter’s historic buildings and members of the region’s legal community.”   The Fire Fund has already raised over £20,000 and helped staff and small businesses impacted by the fire. Devon Community Foundation, appointed by Exeter City Council to coordinate the fundraising, is now looking to contribute remaining funds to a relevant local cause, as voted for by the local community at the end of Jan...

| 05th September 2017 | Newsletters
Ethics Column: Annual Reflections from the Compliance Corner Tracey Calvert Oakalls Consultancy Limited tcalvert@oakallsconsultancy.co.uk www.oakallsconsultancy.co.uk   ANNUAL REFLECTIONS FROM THE COMPLIANCE CORNER   Part of my job description as a consultant is to be a scout for my clients, scanning the legal and compliance world on the look-out for changes, challenges and trends which may be relevant to them. We have certainly had more than our fair quota of these in 2016. I had thought at the start of the year that we may be entering a period of inactivity and bedding down and consequent calmness but it’s all been quite a whirlwind.   In terms of changes, we are of course now working with the 18th edition of the SRA Handbook. Whilst we now know that this style of Handbook is not going to survive for too much longer, we are expected to continue to respond and adapt as necessary so there is no excuse not to stay up to date simply because we know that the current materials will soon be defunct.   One of the biggest changes reflected by this year’s batch of Handbook revisions has been the switch from hours-based continuing professional development to continuing competency aligned with the Competence Statement issued by the SRA. This statement is very interesting reading for compliance professionals. The SRA uses a definition of competency first described by two academics, Eraut and du Boulay, in 2001 so that they are demanding of us: "the ability to perform the roles and tasks required by one's job to the expected standard".   Describing competency in this way suggests to me that we are not simply required to be good at the black letter law and we must develop or acquire new skills to demonstrate competency. Business skills, supervisory and people-orientated skills, and client care related skills all spring to mind when considering the various roles which an individual solicitor may need to perform depending on what they do and where they s...

| 05th September 2017 | Newsletters
Delivering DASLS by Tony Steiner   Firstly some DASLS staff news – Our apprentices Zoey and Ella have now moved on to new pastures and we wish them every success. Following a review of our needs we decided to recruit an Executive Assistant and Rachel Glapinski joined us on 3rdJanuary. Rachel has a degree in event management from the University of Plymouth and will be helping us with our various training courses and other activities. She tells me she wants to travel the world and has made a start having flown a Cessna.   Rachel can be contacted by email Rach@dasls.com   There is much to shout about at DASLS for 2017. Almost every week it seems that someone says they have seen mention of our Legal Awards programme in the local press and with the shortlist published we are looking forward to the big Celebration at DASLS Annual Dinner on 2nd March. Please don’t wait to get your tickets; it promises to be a sell out this year – Legal Awards   We are aiming to deliver the very best opportunities, services and support that we possibly can and we continue to work hard to improve every aspect of what we do for you. Please give us feedback when we are getting it right and of course when we are not.   There are a number of events in the spring that I would like to draw your attention to: Regulation & Compliance Conference on 16 March when our speakers include Paul Philip, SRA Chief Executive and Pearl Moses, The Law Society. With significant changes on the way to how Solicitors are regulated this promises to be a good opportunity to hear from and question those at the centres of influence and decision making.   Continuing this theme we are also looking forward to meeting with Neil Buckley, Chief Executive of the Legal Services Board on 27th March. There will be an open meeting for members – details to follow.   If that wasn’t enough we will be welcoming the President of the Family Law Division, Sir James Munby to our first Family L...

| 05th September 2017 | Newsletters
Cook's & Hatchard's Law Prize 2017 NOMINATION GUIDANCE     Introduction   To be eligible for The Prize the nominee must have completed their training contract or a substantial part thereof in the Somerset area in the past twelve months and have obtained honours at the academic stage and/or have (in the judgement of the Trustees) shown merit throughout their training.   The definition of Somerset for the purposes of the prize, includes Sherborne and the local government administrative areas of Bath and NE Somerset, North Somerset and, of course, Somerset.   The specific objects of the charity are available upon request from DASLS.   Personal Information   Please give full details of the person whom you are nominating and confirm that they are content for their details to be publicised by DASLS including photographs, should they be successful.   Please submit your name and work contact details, title and why you are nominating this person.   The Trustees are looking both for academic achievement prior to or during their training along with other examples of “merit”. This may include (by way of illustration only) distinctions at LPC, First Class Honours at Graduate level, initiative in the workplace or community/charity based projects and engagement that, for example, raises the positive profile of the profession, supports other young lawyers or the wider community.   Please give specific examples of how the nominee has exceeded the normal expectations of a trainee who is building their career. In short, the successful nominee will have shown real “merit” and not only achieved what is expected. It would be helpful to the Trustees, when considering the nomination, to have as much information about the nominee’s achievements as appropriate.   Summary   The Trustees wish to encourage eligible nominees to have their names put forward as the award is prestigious and well recognised as an achievement in training.   The...

| 05th September 2017 | Newsletters
DASLS Annual General Meeting on 25 April 2017 Nominations invited for the Society’s main Committee and proposed changes to the Memorandum and Articles of Association   It is again the time of year when we invite members of the Society to help DASLS by seeking to join the main Committee and help with the Committee’s work.   The main Committee is at the heart of the work and decision making of the Society and also helps to co-ordinate the important work of the many Sub-Committees. As a result membership of the main Committee can make a real difference to the Society and to the working life of solicitors across our two counties.   The Committee is made up of the Officers of the Society together with (according to the Articles) “not less than 10 or more than 40 elected members”.   In order to continue the effective work of the Committee new members are needed, and therefore nominations are requested.   If you would like any further information please do not hesitate to contact me. If you would like to either be nominated or nominate someone for election please complete the form below. This form should please be returned to me by no later than 5.30pm on 31 January 2017.  The election will take place at the 2017 AGM.   Whilst on the subject of the AGM you will recall that at the 2016 AGM a number of proposed changes to the Society’s Memorandum and Articles of Association were proposed and approved by the Society’s membership.  There is one further area of change that is necessary in the context of tidying the definition for voting majorities and it is the Committee’s intention to present these changes at the 2017 AGM on Tuesday 25th April 2017.   Chris Hart, Honorary Secretary   TO: Chris Hart DASLS Honorary Secretary Aston Court, Pynes Hill, Exeter EX2 5AZ   [DX 8361 Exeter] I wish to nominate Full name …………………………………………………………… of ……………………………………...

| 05th September 2017 | Newsletters
President's Review First things first, Happy New Year to you all!   The first couple of days (or for some, weeks) back after the Christmas break is, I find, fairly challenging. After just getting used to replacing emails and phone calls with the far more enjoyable gratuitous    eating and drinking, you are then rudely brought back to reality with the chime or unnerving “buzz” of the message just received in the inbox or on the smart phone.   I am all one for technology, and in fact I positively embrace it, but our desire to fulfil, or even surpass, our clients’ expectations, means we are becoming slaves to our smart phones, which, as I keep telling my children, is not particularly healthy.   I’m sure there are some of you out there – yes I’m talking to you my Corporate brethren - who will respond in like manner, “ahh, you just don’t get it”; maybe not, but receiving work emails on Christmas Day cannot be a good thing. Maybe like President Obama, I will use my last days in office to name and shame - Russian hackers and M&A solicitors watch out!   Enough of the post-Christmas rant, on to DASLS matters.     Awards and Judging Day   The end of November, and the month of December, was thankfully a slightly lighter period for me. I did, however, still have the pleasure of welcoming our panel of judges on 18thNovember to consider the entries received for the 2017 DASLS Awards.   The Judging Day was held at St. Olaves in Exeter, and I, along with a couple of the judges, had to endure the early flurry of snow on the Link Road. Seeing Michael Eavis turn up in a pair of shorts and trainers was a particular highlight though. We received a far greater diversity of entrants this year, and this translated into a larger number of short-listed nominees. I know the judges were incredibly impressed with the calibre of the entries, which bodes particularly well for the Awards Evening on 2nd March, which is now fast approaching.   Ti...

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