06th September 2017 | September 2016

LawCare - Am I the Only One? LawCare Helpline: 0800 279 6888 Open 365 days a year from 9.00 a.m. to 7.30 p.m. on weekdays, 10.00 a.m. to 4.00 p.m. weekends and bank holidays. help@lawcare.org.uk • www.lawcare.org.uk • Admin: 01268 771333   Am I the Only One? by Mary Jackson, Co-ordinator (Ireland), LawCare Recently I watched The King’s Speech which I had missed when it first came out. What struck me most vividly was not the king’s speech impediment but his fear; fear of being constantly judged inadequate, of never quite being up to the mark, in the shadow of his older, more articulate brother, and under scrutiny from his father. That set me thinking about the voices staff and volunteers on the LawCare helpline listen to on a daily basis.   Many LawCare helpline callers are very much like the king in the film; afraid and lacking in confidence, often looking for someone else to blame, ashamed of their own perceived sense of inadequacy. Often callers ask “Am I the only one?” “Are there other people like me?” Lawyers often feel it’s important to appear competent and confident, whatever their personal insecurities and inadequacies. It can be reassuring to hear that many professionals feel like our callers – uncertain, anxious, and second-guessing themselves on a daily basis.   The LawCare helpline works because, like the therapist in the film, we endeavour to be non-judgmental, empathetic and keen to build trust. The helpline is confidential: crucial when a caller is going through a very difficult time. Logue, the speech therapist, was not remotely fazed by his client’s status but keen to help him overcome barriers and progress. We on the helpline are in an extraordinary fiduciary position, not there as judge and jury but there to listen, give support, signpost try to hear what is not being said. If you are going through a tough time, LawCare’s free and confidential helpline is available on 0800 279 6888 from 9 a.m. to 7.30 p.m. on weekdays and 10 a.m. to 4 p.m. at weekends / UK public holidays. Or check out our website at ...

06th September 2017 | September 2016

Are YOU the weakest link? by SPONSOR - Alchemy Cyber security is a hot topic at the moment. Hardly surprising since we are seeing both a significant increase in the number of cyber attacks and an increase in the level of sophistication of how such attacks are perpetrated. Fortunately firms are slowly starting to wake up to the realities: that they could be a target and that they need to urgently become cyber resilient.   Law firms are especially vulnerable to cyber attacks since they hold large amounts of highly sensitive client data, yet few firms have a clear strategy to prevent attacks and mitigate their impacts. Even fewer have briefed their staff on the types of cyber attacks that could occur and how to avoid them.   People are a firm’s greatest asset but also the weakest links in its security strategy.   It only takes one click on a malicious link in a phishing email to jeopardise a firm’s security and the security of its client data. One ill-advised click is all it takes to put a firm out of action for hours or even for days.   Several law firms have been the victims of attacks during the past year however most keep silent about it. Whilst commercially understandable, this means their staff have less incentive to stay informed and take steps to avoid cyber attacks. They may even become complacent and think cyber attacks happen to other firms and not to theirs.   YOU could be your firm’s weakest link - whether you’re a senior partner or an unpaid intern.   Do YOU know the answer to any of these questions? Does your firm have a clear strategy to prevent cyber attacks? Do you know what that strategy is? Are you regularly informed about the types of cyber attacks that are prevalent and how to avoid them? Have you been advised on how to maintain cyber security? Do you know how resilient your firm is to cyber attacks? Can you recognise the symptoms of a cyber attack? Becoming cyber resilient   The best way for a firm to become cyber resilient is to implement a multi-layered approach: perform mock phishing attacks; have regular updates to software, firewalling, email cleansing, threat detection processes and management; back up files on a regular basis and store them off-site. However, since the weakest link will be the people working for a firm it’s essential to train them well and often, keep them informed and regularly monitor their compliance with security policies.   What should a security policy include?   These are just a few of the things a staff security policy should require: use strong passwords and change them regularly password protect all devices back-up data throughout the day shred all documents exercise care on incoming phone calls be cautious what you share on social media sites never open suspicious links in email, tweets, posts, online ads, messages or attachments – even if you think you know the source stay observant and immediately report anything suspicious or if anything unusual happens on your computer or laptop Don’t be the weakest link in your firm! Take steps to be cyber resilient! Alchemy Systems have 19 years of IT systems experience and are a Microsoft Partner. Alchemy Systems Designs, Supplies, Installs, Supports and Protects clients’ IT systems. The legal sector has always been a strategic focus. Our staff are experienced in the specific needs and challenges of law firms from service desk to strategy to protection services. Tel. 0330-043-080198 email. sales@alchemysys.co.uk www.alchemysouthwest.co.uk...

06th September 2017 | September 2016

Build over agreement by SPONSOR Wessex Searches ...

06th September 2017 | September 2016

Funding the right path by Sponsor Barclays Funding the right path   Manage key risks to make the most of a challenging market, say Andrea Delay and Paul Jarrett from Barclays   Law firms are facing a range of financial pressures as they strive to take on both accountancy firms and other alternative providers making impressive inroads into the profession today.   “We are seeing steady growth in line with the economy, but law firms are still challenged to be innovative and cost effective with clients demanding that they manage to deliver more for less,” says head of professional services at Barclays, Andrea Delay. “However, there’s also some aggressive momentum behind financial incentives for partners to move on from their current firm. The downward pressure on margins from clients, and upward pressure on cashflow to pay for funding future growth in the form of talent, feed in to quite a mix of cash requirements.”   Of course, firms also need to maintain levels of profitability to attract new talent – and all these forces combined demand a cautiously balanced investment strategy – for people, process and premises. “There may be opportunities to use technology to serve clients and add value in new ways, or to move certain activities to lower-cost locations in the UK or overseas,” adds industry director Paul Jarrett (pictured below). “As clients continue to move their own operations on cost grounds, it’s a good opportunity for law firms to review their own arrangements.   They could either reduce that space altogether, or replace traditional offices with increasingly popular open-plan alternatives.” Investing in the apparatus of agile working for example – helping fee earners to work away from the desk, but around the clock – could well pay for itself through a combination of space savings and more flexible client service.   Risk and reward   The possibilities of lower overheads is something the so-called NewLaw players on the prowl are sure to have picked over already – so if firms find they can’t ultimately compete along an alternative lower-cost path, they may instead need to partner to pass some of these savings onto clients that are being more proactive around cost reduction.   “Alternative providers don’t necessarily need to be visible to the client,” says Jarrett. “They’re ideally equipped to manage more commoditised elements of work for traditional firms – and we’re seeing more firms willing to partner up in such arrangements.”   Either way, firms must ensure they’re fully talent ready to compete – including with the accountancy firms clearly focused on finding more revenue in legal. “It’s not just about operations behind the scenes,” says Delay. “Firms need partners in all the right places to offer a joined-up global service that matches the client’s own footprint.” She says there has also been an increase in non-executive board appointments to focus more attention on any skills or awareness gaps, including digital capability and its link to risk management.   “Although there’s always room for improvement on risk, experiencing the recession has seen most firms get their basic financial hygiene under control,” says Delay. “They’re cutting costs, managing working capital and cooperating with the regulators as they should.”   Other risk factors may need more work. “Larger firms working in multiple jurisdictions need to think really carefully about new client acceptance,” says Jarrett. “Clearly, firms try to retain business to meet their profit targets. However, they also need to bring on brand new clients to grow – and that needs accurate understanding of exactly who they’re bringing on.”   But firms are focused on international expansion as a means of spreading their exposure to risks as well. “Overseas markets are one clearly unifying opportunity for firms of all sizes,” he says.   Delay sa...

06th March 2020 | March 2020

Dear All,   This year really is flying by. I have just had my birthday.   After updating you previously on the excellent catch up I had with the Law Society CEO Paul Tennant on his visit to the south west last November, I had not expected to be back in touch with him quite so soon.   Sadly, this time it was in less happy circumstances.   I was, like many of you, shocked and saddened in January to hear the news and see the pictures of the substantial fire at Chancery Lane in London. I have emailed Paul Tennant and James Shepherd, our Law Society Relationship Management Executive, to send our best wishes and we are hoping that the building will be back to full use very soon.   As I write this report, preparations are in full swing for the 2020 DASLS Legal Awards & Dinner. As you know the Annual Dinner is being held again this year at Exeter Cathedral.  The event is to take place on the 30th April 2020. After the success of last year, we are hoping that once again the event is sold out which would mean we will have around 480 people attending.  If you have not done so already, please contact Llew Nicholls and the team at our Awards partners ‘Grow Marketing’ who have worked very hard alongside our very own Tony and Monique to achieve full sponsorship of this event.   You can contact Llew to book the remaining places by emailing Llew directly at Llew@growmarketinguk.com. There have been more nominations than ever before with more entries making the short list. Please do not miss this dazzling occasion.   You will all have received DASLS latest 2020 training courses programme. Tony Steiner and the team have worked hard to arrange these events. You will see that as members you get preferential rates and if appropriate reduced rates for multiple attendees from your firms. Please take advantage of these services as a proportion of the monies do go to support our Society’s broad continuing education offering.   If I do not see you individually before I look forward to catching up with you at the 2020 DASLS Legal Awards and Annual Dinner in April.   With very best wishes   Nigel Lyons President 2019-2020...

06th March 2020 | March 2020

The first big social event of the year was the annual DASLS Quiz which is the grand finale of the Challenge Cup. It is an event I thoroughly enjoy and I make no apology for making it a bit challenging.   This year did not disappoint there being just ½ point between first and second place and resulting in joint winners of the Challenge Cup. Congratulations to Ashfords and Michelmores both of whom knew that the study of birds’ eggs is Oology. The next Challenge Cup kicks off with the usual Skittles match in Dawlish when the magnificent Skittles Cup will be contested.   The latest meeting of the County Societies Group took place in February when we were guests of the SRA in Birmingham. DASLS Deputy Vice-President Adrian Richards and I attended.  We were welcomed by their Chief Executive Paul Philip who set out some key messages around SRA activity emphasising their desire for light touch engagement with solicitors and good channels of communication. He said that the SRA was working well with The Law Society and was focused on creating an environment where solicitors could be innovative and use the latest in technology. AML is a key area of activity and following the appointment of the new Chair, Anna Bradley, they are working to provide better customer care. He also explained that until now the SRA had not taken any position on issues such as Access to Justice, Rule of Law and Advice Deserts. They were considering looking at, and taking a position on, one or two of these issues each year. There followed several presentations by senior staff at the SRA dealing with Enforcement Strategy and reporting concerns; Customer information – Transparency Rules and clickable logo.; the SQE  and Anti-Money Laundering. Comprehensive slides were produced to accompany each presentation which I will forward together with my notes to any member who wishes to see them. Just email me —tony@dasls.com.  There followed an interesting tour of the building. SRA have around 600 staff members with the majority based over three floors at the Cube. The next meeting of the County Societies Group will be in the summer and we also plan a Parliamentary Liaison event at Westminster later in the year.   I am pleased to announce that DASLS has two new Partners; Moneypenny who look after your telephone calls when you are not available and Dictate Now who offer Dictation Systems and outsourced document preparation. They join our current Partners: Alchemy; PKF Francis Clark; Landmark; Lockton; Unoccupied Direct; WebBoss and Wessex Searches. We are thankful for the support our partners give us and encourage you to use them where you can.   Depending when you read this our joint event with the Legal Sustainability Alliance on 5th March will be about to take place or will have passed. Regular readers will know that the Society has formed a small working party to encourage and identify how firms can improve their sustainability. The main Committee have suggested that this forms a Sub-Committee. We will arrange a meeting of the working party after the event on the 5th March with a view to progressing this. Anyone who is interested in this please let me know.   Tony Steiner,  Executive Director DASLS....

06th March 2020 | March 2020

You may know that DASLS is fortunate to be twinned with Bilbao, Erlangen, Gdańsk, Leuven, Rennes and Verona. Such twinning arrangements underpin a sense that we belong to one community of values on the basis that these relationships are based on reciprocity. Each year, we meet to discuss and debate important legal issues of the day, whilst discovering the cultures and languages of our partners. 2020 is DASLS turn to host such an event, which will be rounded off with the Sunday Legal Service at Exeter Cathedral on 7 June 2020 and to which DASLS members are cordially invited!   The subject of our conference (on 5 June at County Hall in Exeter) will be around the impact of artificial intelligence (AI) in the sphere of human rights. Rather than understanding AI in terms of a terrifying post-apocalyptic vision of a world controlled by robots, AI features in our everyday lives from Alexa and smart home devices to controversial facial recognition technologies and even Uber! AI is built by lines of code called algorithms. Put simply, an algorithm is a step by step method of solving a problem and is commonly used for data processing and calculation. However, the use of automated data processing techniques in public and private sectors, especially by internet platforms and its impact on the exercise of human rights is somewhat of a hot topic.   When it comes to AI, there is a focus on the usage of huge datasets. AI bias means when an algorithm produces results that may be prejudiced due to erroneous assumptions in the machine learning process and the data used to train the algorithm by data scientists. Bias runs deep in humans and it can be unconscious in nature. AI systems are created by individuals who have their own unique experiences and blind spots all of which can lead to fundamentally biased systems. This issue is compounded by the fact that those responsible for AI (including its deployment and training) may not be representative of society. Accordingly, unfair treatment of a group can result from the use of an algorithm to support decision making whether that decision relates to criminal sentencing, loan applications or self-driving cars. The language of AI is undoubtedly complex, but it is drastically changing the way we live. Understanding AI and its implications in the context of its growth is important so that we are all better placed to push companies to develop new technologies both ethically and responsibly.   If you would like to receive more information once the June 2020 programme is finalised, please contact Monique Bertoni at DASLS office – monique@dasls.com .   Emma Mitcham Chair, International Relations Sub-Committee...

06th March 2020 | March 2020

New AML Regulations and the pursuit of the beneficial owner.   Introduction   The new Money Laundering & Terrorist Finance (Amendment) Regulations 2019 which came into force on 10 January have modified a number of aspects of the 2017 AML Regulations, with which we have been complying for some time. However, many firms’ procedures hark back to the earlier days of the 2007 Regulations and have not been modified or updated much over recent years.   This article seeks to set out what the new Regulations in fact require, and the steps we should be taking in relevant cases.   The Policy   It has been true for some time that the ultimate aim of all the regulatory rules is transparency – it has always been the case that the use of artificial structures such as trusts, companies, bearer shares, foundations and charities – whilst perfectly legal – have to some extent also benefitted from the extra anonymity they offer to the true owner and recipient of the funds and services we provide.   If we offer services to these types of entity, the Regulations require us to go some way to identifying the individuals who are actually benefitting from our services, and this entails uncovering the true ownership of the organisation.   Whilst this would be difficult in many instances – Cayman Island companies with bearer shares, for example – we must nevertheless attempt to get some assurances from the creators of the companies, accountants or registrars as to the ownership of the shares, and have some way of being notified of any change in ownership.   We also need to be aware of the PEP and Sanctions status of these individuals.   Further, for UK companies, the PSC Regulations 2016 impose an exactly similar obligation on the companies themselves to identify their beneficial owners and notify Companies House of any shareholder with 25% or more of the shares or exercising control over management of the business.   The Regulations   The Regulations provide that we must, as part of our CDD procedures Identify the client – this means coming to know who they are, by name and some other characteristic, e.g. address, date of birth, date of incorporation Verify that identity – by means of reliable and independent data and documentation Identify the beneficial owner (if the client is an entity) – though not necessarily verifying that identity Identify and verify the identity of the person actually instructing us (if not already done). What this means for us   When acting for a COMPANY (that is not a listed company) the Regulations require us to obtain Details of the company as registered (which must be proven by a copy of the register entries available from Companies House or equivalent registry) – name, number, registered office address, principal place of business the law to which it is subject details of its governing documentation (its memorandum) names of the directors. Names of any beneficial owners, and the identity of any individual owners of legal entities which own the client Names and verification of the persons instructing us on behalf of the company, and their authority to do so. Note that we cannot rely on the information provided by the company under the PSC Regulations but we must undertake our own research in order to fulfil our CDD duties.   Further, if as part of that research, we discover that the Companies House data on PSC’s is incorrect, then we are now under a further obligation to notify the Registrar of Companies of this fact.   We also need to establish that PEPs and Sanctions checks are also undertaken. If genuinely positive entries are revealed in response we should undertake enhanced CDD steps or cease to act, accordingly.   Electronic searches are a permissible avenue to use provided the search provider can offer us the necessary assurances that the person actually claiming an identity is IN FACT that person. Check also whether ...