01st July 2019 | July 2019

The year is nearly half way through and I have already had a very busy time.   The Committee is planning for future events and we have already booked the Exeter Cathedral again for our Awards Ceremony and Annual Dinner. I am going to try to persuade the Dean to sing this year after his memorable Grace the last time. I hope he takes requests.   Thanks once again to Grow Marketing Limited for their continued support with the organisation of this event. There will be more about the dinner later in the year.   As you can imagine I have been involved on the Society’s behalf in attending various events. I attended our annual Criminal Law Update in May. I am sad to report that Anthony Edwards is retiring this year as he has hit 3 score years and 10.  I have attended his courses for over 20 years and I understand he has been delivering them in one form or another for some 40 years. He has been a true asset to those in need of legal representation and an inspirational role model to young lawyers. As well as being a family man, he set up a thriving law firm, was a court and police station duty solicitor and higher court criminal advocate. On top of that he was a king pin at the national Law Society and he kept the profession and the law makers updated with his views and interpretation of all areas of criminal legislation. Tony on behalf of DASLS I salute you and I wish you every happiness for the future. Goodness knows what his wife will do as he has literally been in court / down the police station for the past 40 years……   Staying on the criminal law theme, I would like to thank all those who attended The Law Society Criminal Roadshow that came to Exeter in May. Views were expressed in an honest and forthright way about the dire state of the criminal justice system. Like Lord Neuberger’s recent comments, there was a clear solidarity expressed by those who attended that if there is not a root and branch review of fees and services then inevitably wholly unnecessary miscarriages’ of justice will occur. As Lord Neuberger has eloquently put it…..   “With over 300 years of tranquility at home, people take the rule of law for granted, and undervalue it. ... Accessibility means that people with grievances and those being sued must get access to legal advice and to courts. It is an affront to justice if people cannot understand or enforce their rights”…   Please do go on The Law Society website, to the views platform, to indicate your support over this vital issue. Who knows you, your family or friends may one day have a crisis and require the services of the criminal duty solicitor services.   To lighter news. We have recently had our Law Society regional representatives’ elections taking place. As I write this the results are still awaited. You will have been sent your voting papers. Once again our South West stalwart Rod Mole has been on the hustings seeking re-election. Rod has worked tirelessly over many years to bring back news from, as well as take our views to, London. The very best wishes to you Rod as we await news of the election results.   I am pleased to see that the Devon CILEX Branch is having great success again being shortlisted for the national Regional Branch of the Year in the CILEx National Awards 2019 which they won in 2018. I know Gemma Rowe, their Branch Chair, is looking for further members so please contact her via devon.branch@cilex.org.uk to get involved.   In May I was at the Dorset Law Society shindig. They certainly know how to have a good time and it is great to chat to colleagues and get news from adjoining regions.   In June I attended the National Law Society Conference for Presidents & Secretaries with Tony Steiner. I hadn’t been to Chancery Lane for a number of years. For those firms / lawyers who don’t have any facilities to call upon when visiting London, if you find yourself there at court or at a meeting, please don’t forget you can use the...

01st July 2019 | July 2019

Representing DASLS, Lucy Ferrat (Trainee solicitor at Stephens Scown LLP) and Benjamin Thomson (Solicitor at OTB Eveling) attended the International Twin Bars’ Meeting hosted by the Rennes Bar Association on 7-8 June 2019. The conference also welcomed lawyers from Erlangen, Gdańsk, Bilbao, Verona and Leuven. It was an opportunity for the participants to make new acquaintances and to renew relationships built over the last 30 years since the Twin Bars’ Association began in 1989.   The conference related to the comparison of how our profession is regulated across the participating Bars, relying on a case study in two parts to bring the topic to life. Part one of the case study, presented by Benjamin, focused on SRA regulations surrounding registered offices and the use of co-working spaces. Part two, presented by Lucy, explored how the profession’s use of publicity and advertising is regulated. It was a good opportunity for all concerned to practise their French!   Whilst most participating Bars adopted a progressive approach to registered offices and co-working spaces, everyone agreed that the England and Wales had the most liberal provisions regarding publicity and marketing. Many lawyers are still not allowed to advertise their services in the other participating jurisdictions, or are strictly restricted.   The delegates also enjoyed a day-trip to l’Ile d’Arz off the coast of Vannes and a meal at Rennes’ La Fontaine au Perles, where gifts were presented to the Rennes Bar Association.   DASLS will have the pleasure of hosting the conference in 2020, to coincide with Legal Sunday. Lucy extended the invitation to the participating Bars on behalf of DASLS during the closing dinner.   Lucy Ferrat 12.6.19...

01st July 2019 | July 2019

Why did you join Devon & Somerset Law Society?   Several years ago, I was asked by a colleague if I could deputise for him at a meeting of the Practice Management Sub-Committee.  I duly went along and somewhat to my surprise was invited back.   I soon found that the Society and the Sub-Committee provided an ideal forum for the exchange of ideas and information as well as providing a wider network of colleagues from across the region.     What is your dream job?   There are several on my list but the one at the top has always been that of a professional race driver.    What has been the most embarrassing moment during your professional career?   I am embarrassed to say that there have been several all of which when recalled bring me out in a cold sweat.    Which sort of work gives you the most job satisfaction?   I am very much a project driven person and there is always a sense of satisfaction when the project is concluded.   What gets you up in the morning?   Normally the dog who seems to think it is his mission in life to get me out of bed and having done so and without showing any sign of remorse return to bed himself and fall immediately back to sleep leaving me to contemplate the day ahead.  Thanks for that……   What do you do in your spare time?   When I have the time, I look after my race cars and motorbikes and work on the current restoration project.   What is the most recent film you have seen?   ‘Oblivion’ - although it was not a film that was particularly successful at the box office it has a fantastic soundtrack.   Where is your favourite holiday destination?   Antibes in the South of France.   What is your favourite pet?   Well, I have mentioned the dog – ‘Monty’ although there are times (usually early mornings) when I do wonder what he actually brings to the party and the word ‘favourite’ is not one that readily springs to mind!   What is your passion?   I have always had a passion for motorsport its history and the individuals that contributed to it many of whom I have been fortunate to meet.        ...

01st July 2019 | July 2019

By Chukumeka Maxwell   Founder/CEO of Action to Prevent Suicide CIC and Fellow of The School for Social Entrepreneurs and HCPC registered Independent Social Worker & BASW Member   Action to Prevent Suicide CIC have teamed up with DASLS to deliver a two-day Mental Health First Aid course for law firms across Devon / Somerset and beyond on 7th and 8th November at Exeter Racecourse.   About the Trainers:   It will be delivered by a national Trainer Nick Brown, a freelance Trainer & Coach specialising in Suicide Prevention & Mental Health. He has been a Trainer, Counsellor and Facilitator for over 20 years. His background includes working for multinational companies BT and Philips Electronics as a Human Resources Professional. He worked for 10 years at Workability, a Community Mental Health project in Brighton where he developed his passion for helping people in their recovery from Mental Health difficulties.   He has delivered Mental Health First courses (including MHFA Lite) to organisations such as Unilever, Ernst & Young, and NHS England, and to a variety of voluntary/community groups. In addition to being a member of the National Training Team for MHFA England he is an International Training Coach for LivingWorks Education who design and distribute highly effective Suicide Prevention Training. He delivers these courses in the UK and overseas.   He also trains new trainers and coaches them during their first few deliveries. He is a Workplace Associate for MHFA England where he is able to use his background in Human Resource Management and CIPD qualification.  To relax he loves walking by the sea, live music events and spending time with family and friends.   He will be accompanied by Debbie Williams  who is MHFA qualified instructor. After 35 years in the Fire Service in the South West, Debbie has left this behind to concentrate on working to support those affected by mental ill health and suicide. During her time in the blue light service, she worked in a variety of roles including emergency call handler, Partnership Officer, Community Engagement & Equalities officer. For 30 years of her service, she was a staff supporter (listening ear) for colleagues.   Debbie is married with 2 adult daughters. She enjoys walking & keeping fit, reading, all crafts and continuing to learn new skills. Anything involving music and dancing is high on her list of wellness activities and she has just joined a local choir. Languages & travel are important in her life and she hopes to travel into Europe next year in their motorhome. The Scale of Mental ill Health UK:   Around ten million adults experience a mental health issue in the UK every year. According to a poll by YouGov, one in five people have taken a day off due to stress but 90 per cent felt unable to tell their employer that mental health was the reason. The usual figure that is quoted is that 1 in 4 people will suffer at one time in their life.   The Cost:   Mental ill-health is costing the UK more than £94bn every year, counting treatment, social support costs and the losses to the economy from people who cannot work, according to the OECD.  The Organisation for Economic Co-operation and Development’s report shows the whole of Europe is struggling with the burden of mental ill-health, which affects an estimated 84 million people – one in six. The cost to the UK economy is in line with the average for Europe at 4% of GDP. Nearly half the UK costs (£42bn) are indirect costs related to lower employment and productivity.    ...

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 ...