28th February 2019 | March 2019

January and early February saw me fulfilling my intention to attend at least one meeting of each of DASLS Sub-Committees.  Having done Contentious Business, Non-Contentious Business, International Relations, JLD and Social during the course of last year, I was pleased to have the opportunity to take part in meetings of Education and Training, the In House Lawyers’ Group and Practice Management in the first month and a half of 2019 and to witness lively discussion and contributions at all of them.  Just for good measure, I took in another International Relations Sub-Committee meeting a couple of days before joining Chair Emma Mitcham along with Rebecca Parkman and former FBE Presidents, Michael Cosgrave and Rod Mole at the Annual Barcelona Bar Conference (14-16 February).  This coincided with the celebration “Festivity Sant Raimon de Penyafort” the Bar’s Patron Saint.  With 25,000 practising lawyers registered as members and around 10,000 non-practising, Barcelona is a heavyweight among European Bars/Law Societies.  The conference attracted delegates from across Europe as well as the USA, Argentina and Japan, Osaka Bar attending to renew a friendship agreement with the hosts.    Our national President Christina Blacklaws was there, speaking at one of the Friday morning working sessions on “The Power of Gender Equality” and she was accompanied by Lizzette Robleto de Howarth, The Law Society’s International Programmes Manager.  Amongst other events on the Friday afternoon, there was a formal session chaired by Barcelona Bar President Eugenia Gay at which certificates of congratulation were awarded to some twenty plus Bar Members who have achieved 50 years’ service to their profession.  The day (or rather the night) was rounded off with a Gala Dinner for over 1,200 guests at the Institut Nacional d’Educacio Fisica de Catalunya or, as it is better known, the Basketball Arena for the 1992 Olympics!  The Spanish are happy to eat late.  The programme indicated dinner at 9.00 p.m., but that turned out to be when the welcoming drinks were served.  Guests sat down to eat around an hour later and the meal did not finish till almost midnight.  With music and more drinks afterwards, while some of our delegation headed for the shuttle bus back to the hotel, Michael Cosgrave, my wife Val and I upheld the honour of DASLS, flew the flag for Britain and carried on networking until 2.00 a.m.  Not too early on the Saturday, there was an International Legal Brunch on “International Commercial Tribunals, Arbitration and other ADR: a new arsenal for international dispute resolution in the 21st century.”  In short, this gave delegates the chance to talk about the extent to which ADR has been adopted in their respective jurisdictions, the enthusiasm or otherwise of their Bar Members for it and the degrees to which it has or has not succeeded.   International Legal Brunch on “International Commercial Tribunals, Arbitration and other ADR The countdown to 4th April and DASLS Awards and Annual Dinner continues, as do the working party meetings with Grow Marketing.  It was very pleasing to hear that tickets sold out within a few days of the Box Office opening.  This means we will have over 480 members and guests at Exeter Cathedral on the night, by far and away our biggest Awards Night yet.  Tony Steiner and I made a site visit with Alice Bryan from Grow to meet Cathedral representatives, caterers and events co-ordinators to get a feel for the layout of table, bar, stage, sound and lighting and so on and so forth.  It all promises to be a spectacular and memorable night.   Before Exeter, there is one other Cathedral event I would like to draw to your attention, particularly if you work in Somerset.  This is the Somerset Sunday Legal Service being held at Wells Cathedral on 24th March.  I am unable to be there myself, but the High Sheriff of Somerset, Denis Burn, would be delighted for DASLS members t...

28th February 2019 | March 2019

As a DASLS Member you are invited to attend the Society’s Annual General Meeting on 30 April starting at 6.00 p.m. at the Exeter Golf & Country Club . The short business meeting will be followed by a members’ dinner.  The Committee hope to see as many members as possible.   The purpose of an AGM is to give members an opportunity each year to meet the directors i.e. the Committee members, to ask questions and receive information about the  Society. The AGM notice will be sent out electronically with the e-bulletin Buzz. If you would prefer to receive a hard copy of the AGM documentation, please contact monique@dasls.com   Below the report from the President and Committee, part of the AGM documentation which members will be able to access on DASLS website prior to the AGM on 30 April. My year as DASLS President has passed as swiftly as I expected.  It has been challenging in terms of time management but has also been a personally rewarding experience I would not have missed.  Being President provided me with my first visit to 113 Chancery Lane when attending the Local Law Society Presidents’ and Secretaries’ Conference in June and, before that, the unforgettable experience of addressing Lords, MPs and fellow solicitors as a member of the County Societies’ Group deputation to Parliament in May.   I would never have expected it before becoming President, but I have embraced social media to a greater extent, learning to tweet and quite enjoying it.  My thanks to Tony Steiner for getting me started and to my small, loyal band of followers, but the DASLS President’s Twitter account still has a long way to go to match the following The Honorary Secretary attracts.   I believe I fulfilled my aim of attending at least one meeting of each of DASLS Sub- Committees.  I commend them all for the time their members give up from their busy day to day working schedules to attend meetings and to take appropriate follow up action on matters discussed.  Where this involves interaction with The Law Society itself and our regulatory bodies, it all helps to cement the reputation and importance of DASLS as a voice and opinion of which note should be taken.   I have also tried to play some part in encouraging more communication and interaction between DASLS itself, our Junior Lawyers’ Division and the local branches of CILEx. Attending and speaking at the J L D meeting in November for election of new committee members was a really worthwhile experience and it was a delight to attend the CILEx Devon branch Autumn Ball and to meet the CILEx National President, Deputy Vice President and Immediate Past President.   DASLS continues to be a driving force behind the County Societies’ Group in which we are members with Kent, Surrey, Newcastle, Cheshire and North Wales and Leicestershire.  Besides the joint delegation to Parliament in May, I was pleased to attend meetings of the group in London last June and then in November at the Local Law Societies’ National Conference which was hosted by Leicestershire Law Society.   It has been my privilege to attend dinners and awards evenings hosted by our fellow Association of South Western Law Societies’ members Bristol, Monmouthshire, Plymouth and Cornwall and I was sorry to have to miss that of Gloucestershire and Wiltshire.  My presidency also coincided with the 70th anniversary of ASWLS itself and a dinner to celebrate this landmark at Celtic Manor last July.  My very first official function last April was the Institute of Chartered Accountants South West Annual Dinner while, more recently, I also attended the Torquay and District Medical Society Medico-Legal dinner and talk.    On the international front, prior to the 2018 Exeter Sunday Legal Service, it was my pleasure to host the dinner for lawyers from Bilbao, Erlangen, Gdańsk, Leuven, Rotterdam and Verona and also the new President of FBE, Michele Lucherini and Immediate Past President (and DASLS me...

28th February 2019 | March 2019

Why did you join Devon & Somerset Law Society?    Monique said I had to.   What is your dream job?   To be the skipper of a Scarab power boat giving boat trips to tourists out of Guernsey harbour.   What has been the most embarrassing moment during your professional career?   Having the Presiding Judge’s Labrador sniff my crotch during a bail application in his chambers.   Which sort of work gives you the most job satisfaction?   Exactly what I am doing now.   What gets you up in the morning?   Going to the gym.   What do you do in your spare time?   Go to the gym.   What book are you reading at the moment?   No ordinary life by Peter Stokes. It is the true story of a father who, on his death bed, handed his son a dusty journal containing details of his secret past as a Second World War hero and founding member of the 2nd SAS.   What is the most recent film you have seen?   Jason Bourne.   What are your favourite food / restaurant?   Anyone who knows me is aware that I eat anything.   Where is your favourite holiday destination?   The coastal footpath between Polzeath and Port Isaac in Cornwall.   What is your favourite pet?   A Jack Russell.   What is your favourite lawyer joke?   Q: How many lawyers does it take to change a light bulb?   A: How many can you afford?   What is your passion?   I must say my wife Paula.   Which famous person, dead or alive, would you most like to spend a day with?   The libel barrister Sir Patrick Hastings QC.   Tell us an interesting fact about yourself.   I can back squat 600lbs.                                        ...

28th February 2019 | March 2019

As the political uncertainty over Brexit continues, both the Law Society of England and Wales and the UK Government have published information to support businesses, and specifically for solicitors, and I wanted to share some details on this with you.   The Government has published a series of notices on how to prepare for a no-deal Brexit. The most relevant of these for solicitors are handling civil legal cases involving EU countries and providing services including those of a qualified professional. The Solicitors Regulation Authority has also published guidance for EU lawyers practising in the UK.   The Law Society has published guidance on the potential effects on our members in the event of a no-deal Brexit in the following areas: Providing legal services in the EU Civil and commercial cooperation Data protection Family law Intellectual property VAT Criminal justice and security   We have also prepared an extensive overview of the national regulations that apply in each jurisdiction in the EU/EFTA. This can be requested by emailing international@lawsociety.org.uk. We form part of the UK Delegation to the Council of Bars and Law Societies of Europe (CCBE), which also recently published extensive guidance on the effect of all Brexit scenarios on practice rights both for EU lawyers working in the UK and for UK lawyers working in the EU.   All this information can be found on the Law Society’s website which will be updated with further guidance and information in the coming weeks. If you have any questions you can contact the Law Society via brexit@lawsociety.org.uk ....

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 ...