08th May 2018 | May 2018

Time flies and, it seems, never more so than when you agree to become President of DASLS.  I can scarcely believe it is over two years ago that I got the phone call from Tony Mason at the behest of the College of Past Presidents, to enquire whether I would be prepared to be nominated as Deputy Vice President.  My personal involvement with our local Law Society had been peripheral until then.  However, since stepping onto the conveyer belt which has brought me to the Presidency for 2018/19, I have come to appreciate what a lot of time and effort goes into making DASLS the highly regarded and effective body that it is.  The bedrock is undoubtedly the stability and experience provided by Tony Steiner and Monique Bertoni (now supplemented by new recruit Harry Martin) at Aston Court and Honorary Secretary Chris Hart and Honorary Treasurer Richard Adams.  Monique and Tony joined Devon & Exeter Law Society in 1989 and 1995 respectively.  Richard has just celebrated 20 years as Honorary Treasurer.  Chris, a former DASLS President himself has been in post as Honorary Secretary since 2014.    Then there are the members of the main Committee and various Sub-Committees diligently working to represent the interests of the different specialisms of lawyer in our counties, maintain links with our twin bars in Belgium, France, Germany, Italy, Spain and Poland as well as contacts with lawyers in other parts of Europe and, in the case of the Social Sub-Committee, just trying to ensure there are opportunities for us all to socialise and have fun.   The last two years have been an education and an enjoyable one.  I have had the good fortune of working with and learning from Mark Roome and Sue Aggett as Presidents while I have served as Deputy Vice President and Vice President.  I am also lucky to have Nigel Lyons as my Vice President.  Nigel has previous presidential experience himself at Plymouth Law Society.  I am pleased to welcome Paul Kelly to the team as the new Deputy Vice President.     L-R Vice President Nigel Lyons, President Stephen Mahoney and Deputy Vice President Paul Kelly   Whether by thoughtful design or just good fortune, the handover of the presidency during the latter half of April is extremely well timed.  Some newly appointed Presidents find themselves thrown in the deep end within days of their taking office, hosting annual dinners which are the flagship events of the calendar for their local Law Societies.  I am starting my presidential year attending the Presidents’ and Honorary Secretaries’ Conference at Chancery Lane on 11th and 12th May, benefitting from the various training sessions on offer.  These include a Sharing Best Practice workshop at which our own Tony Steiner will be speaking.  Sharing best practice is a particular theme of The Law Society President Joe Egan, who would like to see a handbook produced from which all local Law Societies can benefit, picking up ideas from each other to raise the standards of engagement and effectiveness throughout the country.    Then the significant events build gently from attending the Sunday Legal Service at Exeter Cathedral in June, the Admissions Ceremony for newly qualified Solicitors in October, the DASLS Somerset Dinner in November and finally, with the climax of the Awards Dinner next March (weather permitting!).   As everyone will be aware, the DASLS 2018 Legal Awards which were due to take place on 1st March had to be postponed because of the snow.  This took place on 1st May and I was delighted that Sue Aggett signed off her presidency by hosting this prestigious event.  It was entirely appropriate as she had put a huge amount of time and effort into the planning and preparations.    By the time you read this, I will have attended my first function as President, the ICAEW (South West) Annual Dinner at which Gyles Brandreth is the guest speaker.  Then the calendar for May looks busy.  I have already mentioned the Pre...

08th May 2018 | May 2018

Rachael Morley is an Associate & Solicitor at Tozers LLP, where she works in the Wealth Management team.   She is the incoming Chair of the Non-Contentious Business Sub-Committee.   ⁠  Why did you join Devon & Somerset Law Society?   I joined DASLS as I wanted to be involved in the wider local legal world and to meet other lawyers working in Devon and Somerset. All too often it can feel as if we’re locked away in our offices, so it is nice to be in touch with others – even if just to find that we have the same pressures and experiences!   I also think that it is vital to promote such an active organisation as DASLS, to give our region a voice in legal affairs across the country. I wanted to be part of this generally, but also to discuss problems or approaches faced by those working in the Private Client sector by joining the Non-Contentious Business Sub-Committee. It has been fascinating to work with others in the area and hear their experiences of similar cases and trends.   ⁠  What would you say to anyone who might be interested in joining the NCBSC?   I would invite anyone who may be interested to come along to a meeting, to see what we discuss and whether they would like to join in for the future.   It was my predecessor, Steven Came, who first suggested my coming along when we met at the DASLS Admissions Ceremony in the autumn. The Committee made me very welcome at my first meeting, which I found reassuring, and everyone is invited to participate in the discussions – so I kept coming back again to hear and share views of current matters.   As Steven has, I will be attending the DASLS Admissions Ceremony in future, which I found a fun night celebrating the achievement of all newly-qualified solicitors in the DASLS area. I’d be pleased to meet anyone who would like to discuss the Committee’s work there.   ⁠  What gets you up in the morning?   My alarm! I bet everyone makes that joke.   More seriously, I would say that it’d be the clients that draw me to work. I am sure that every lawyer feels that clients are the best (and worst) part of the job, but I still do feel the satisfaction of making a difference to someone; even if that may be only being friendly and helpful to them as they go through one of the worst times in their lives.   ⁠  What do you do in your spare time?   I play a number of instruments (violin, viola and piano) and very much enjoy playing or listening to music, especially as a wind-down from a particularly stressful day. I was involved in a lot in music growing up but have less chance to be involved now, so it’s usually my New Year’s Resolution (most years, rather embarrassingly) to do more.   As I suspect everyone who lives in Devon feels, I also enjoy getting out and about in our wonderful countryside. A nice walk (not too strenuous!) on Dartmoor followed by a pub lunch sounds like my idea of a good day out.   ⁠  What is your favourite restaurant?   A fairly recent discovery has been Home Farm Café, based in the National Trust’s Parke estate near Bovey Tracey. On certain evenings, the café becomes a restaurant offering three course dinners with a variety of choice and a lovely atmosphere. The food is delicious, locally-sourced and good in quantity as well as quality - I’d recommend to anyone who hasn’t yet been to give it a go.   ⁠  Which famous person, dead or alive, would you most like to spend a day with?   I would probably be stereotypical here and say the Queen, as I can imagine a full day with her would be an experience.   Having said this, the ability to spend the day with someone famous and no longer around would be something worth doing. As an English graduate, I would have to say Thomas Hardy or William Shakespeare, so that I can ask them for the enlightenment of students everywhere what their intentions were in writing their work!   ⁠  What book are you reading at the moment?   ...

08th May 2018 | May 2018

Earlier this year, the trustees revisited the criteria of the award to keep pace with the ever changing process of how candidates qualify to be solicitors. Traditionally and in the case of larger firms, individuals still qualify through university degree and training contract as well as the LPC and PSC from the SRA. It is increasingly common with smaller firms and Local Authorities that people qualify as solicitors through a more vocational route. For example qualification through conversion from CILEX meaning that while individuals have no law degree and did not undertake a training contract in the traditional sense, they have nonetheless undertaken an academic training and received very considerable practical experience in the law such as to satisfy the exacting standards of the SRA in qualifying as a solicitor. In addition, in future years there will be solicitors who qualify through the apprenticeship route. Often such potential candidates will have achieved solicitor status while combining study with work and families and deserve recognition.   Given the original charitable purposes of these trusts, the Trustees want make sure they do not overlook such candidates, some of whom may come from backgrounds where they might have needed to work from school rather than pursue academia.   Candidates for this year’s Prize must have been admitted to the Roll during the 12 month period ending on 31 May 2018 and nominated no later than 30th June 2018.   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.   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 / distinctions along with other examples of “merit”. This may include  (by way of illustration only)  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 person who is building their career. In short, the successful candidate 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.   Please send nominations in writing to DASLS Administrator, Monique Bertoni, by 29 June 2018, for consideration by the Trustees.   The prize/s will be awarded at the DASLS Somerset Dinner in November this year....

08th May 2018 | May 2018

Brexit is an historic incident, which could inspire other political parties across Europe to call for their own countries to leave the EU. So, after Brexit, could there be Grexit? Departugal? Italeave? Czechout? Oustria? Finish or even Latervia?   Post Brexit life remains uncertain. British politics has become a little less than coherent and neither Conservatives nor Labour have figured out how to squeeze new nationalism into their old philosophical platforms. Wry humour aside, it seems somewhat trite to question how Brexit will affect lawyers when politicians have slight clue as to what is going on.   The Law Society, however, in the last twelve months and more since Article 50 was triggered, has worked tirelessly on behalf of its members. Although it has sought to ensure that our interests as lawyers are supported and promoted throughout the Brexit process, uncertainty has precipitated the dash of UK lawyers to Ireland (1,317 solicitors in 2016 and 2017). This is an emergency measure to safeguard rights of audience in the EU courts as well as the rights to practise across all member states. Whilst the draft negotiating guidelines issued by the Council of the EU indicate a degree of hope for legal services in a post-Brexit world, the Law Society is encouraging its members to act and put pressure on the Government. By writing to your MP (a template letter is helpfully provided at https://lawsociety.e-activist.com/page/21829/action/1), you can help ensure that the legal services sector is supported in the Brexit negotiations and lawyer rights across the EU are preserved so I encourage you to do the same.   Emma Mitcham, Chair, International Relations Sub-Committee...

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 ...