Law Society Legal News Summary 10 June 2024


Investment in the justice system 

Financial Times (£) covers the Law Society’s election calls to the next government, demanding that there be an increase in investment to the justice system, including emergency funding for legal aid and courts. 

Speaking exclusively to the FT, Law Society president Nick Emmerson said: “If you look at the reaction to the Post Office scandal and the TV show, people do still care about justice. 

“Our justice system should be a source of national pride. The next government should help it become one again.”
 

Deputy vice president 

Gazette, Solicitors Journal, EINPresswire, Business Mayor and Business Fast report that civil litigation specialist Brett Dixon has been elected as the deputy vice president of the Law Society. He will take office in October, become vice president in 2025 and president of the Law Society in 2026.   

President Nick Emmerson said: “I extend my heartfelt congratulations to the newly elected deputy vice president. Brett emerged from a strong pool of candidates and his election is a testament to his dedication, expertise and commitment to the legal profession. I’m confident that Brett’s tenure will inspire, drive progress and help the Law Society navigate the future successfully for our members, the legal community and society. I wish Brett all the best.” 

Brett Dixon said: “As the new deputy vice president, I will chart a course through digital change to ensure that the legal profession remains innovative and adaptable in the face of evolving technologies as well as promote a diverse and inclusive profession. I will work with colleagues and the whole organisation to ensure the Law Society remains at the forefront of access to justice and the rule of law.” 

Read our press release
 

Property information forms

Today’s Conveyancer and Inside Conveyancing report that conveyancers are demanding a special meeting with the Law Society, to discuss the updated property forms. 

A Law Society spokesperson said: “It is disappointing that PLAG has felt it necessary to take this step. The transformation of the home buying and selling process is both inevitable and ongoing in our digital age and it is our goal to support the profession to take a leading role in shaping these longer-term changes. While solicitors play a very important role in the conveyancing process, the changes are ultimately about making that experience easier and better for buyers and sellers.

“Should 100 members support the call for a special general meeting, we will of course hold one as our constitution requires. Our focus however remains on supporting conveyancing solicitors and their firms with the transition to using the new TA6 forms and we have developed a range of resources to assist.”

Today’s Conveyancer also publishes a commentary piece on the issue.

Small claims trials 

Gazette Ireland, LexisNexis (£), Wales 247 and Business Fast report that small claims trials are taking over a year, revealing an access to justice crisis in the county courts. 

President Nick Emmerson said: “We know that delays can result in litigants dropping their claims, rather than put more time and money into them, meaning many are not accessing justice. Justice delayed is justice denied. These shocking figures lay bare the crisis at the heart of our justice system. 

“We urge the next UK government to commission and publish new research surveying their experiences, why they are unrepresented, what their experience of the court process was, how it could be improved and whether they feel justice was done in their case.” 

Read our press release
 

HMRC crackdown 

Financial Times (£) and Sky News reports that private equity and professional services firms face a HMRC crackdown, which the Law Society has expressed disagreement about. 

Law Society said: “Any changes should be made, if at all, following a proper public consultation exercise and should certainly not have retrospective effect.”
 

QLR fees 

Today’s Family Lawyer reports that the Ministry of Justice (MoJ) has increased QLR fees by 10%. 

Law Society President Nick Emmerson said: “The Law Society’s recent research by Frontier Economics suggests that more than a 10% increase would be needed to make legal aid fees sustainable and the same would apply to the QLR fees. 

“We will need to monitor this closely to understand if it is having the required impact. While this is a positive step in the right direction, we won’t know the impact it is having unless the scheme is properly evaluated. 

“Our members often tell us about issues with the scheme and the lack of QLRs available across the country. A thorough examination would bring to light what else needs to be improved. We encourage the next UK government to closely monitor this change to ensure it makes the scheme sustainable and encourages sufficient practitioners to sign up to provide this vital service.”
 

Conveyancing Quality Scheme 

Today’s Conveyancer covers conveyancers’ dissatisfaction with unnecessary and excessive pre-contract enquiries and lack of enforcement of the Conveyancing Quality Scheme.

A Law Society spokesperson said: “The Conveyancing Quality Scheme (CQS) is a recognised quality standard for residential conveyancing practices and aims to support practices to meet the required standard for accreditation,” said a Law Society of England and Wales spokesperson.

“In line with this approach, CQS accredited practices are required to undergo an annual reaccreditation assessment. As part of this assessment, we review their compliance to ensure that they are continuing to meet the requisite standards.

“Where there is a concern regarding compliance, the CQS office has assessment mechanisms to investigate further. Where these have been exhausted and concerns about a particular practice remain, the CQS office may carry out an onsite assessment. The CQS office may set out actions to be taken by a practice to ensure that they rectify any concerns.

Brexit trade deal 

Politico (£) reports British lawyers are flying out to Greece later this month in a bid to fix a loophole in the Brexit trade deal. Richard is mentioned.
 

In-house law 

Gazette analyses the impact that new opportunities like apprenticeships and SQE have had on the chance to train and qualify as an in-house solicitor. 

The piece mentions the Law Society’s recent statistics that just over a quarter (26%) of all solicitors in England and Wales work in-house.

AI and legal needs

Mind Food and Health Medicine Network mention the Law Society’s Legal Needs Survey in a piece on the use of ChatGPT for unmet legal needs.

Our Legal Needs Survey 2023 found that two-thirds of respondents had experienced a legal issue in the past four years. The most common problems were employment, finance, welfare and benefits and consumer issues.

Of those survey respondents with legal problems, only 52% received professional help and 11% had assistance from other people such as family and friends.

Read our press release

Junior solicitors 

Gazette covers a roundtable on the role of ‘Gen Z’ lawyers in the legal profession. Members from the Law Society’s Junior Solicitors Network (JSN) participated in the roundtable.
 

Early legal advice 

Warrington Worldwide cites the Law Society’s 2018 research on early legal advice in family law.

Also worth a read:

  • No law firms have been prosecuted for criminal breaches of anti-money laundering rules, despite ‘mountains of evidence’ - Legal Futures
  • Supreme Court has ruled a UK law on industrial action as incompatible with workers’ human rights - Solicitors Journal
  • Migrants who were transferred to Rwanda from a remote UK territory over a year ago are at risk - BBC
  • Convicted sub-postmasters failed by judges in the Horizon IT scandal – Times (£)
  • Impact of record-high Crown court delays in West Midlands town - BBC
  • Recent election polls show importance of party manifestos in swaying voters - Standard
  • 5 things to know about the EU election results - Politico
  • Vulnerable children locked up and ‘gravely damaged by the state’, former top family judge warns - Guardian
  • Labour may not end early release scheme for prisoners – Telegraph (£)
  • Labour pledges 80 new rape courts in bid to tackle backlog crisis – Guardian

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