Law Society Legal News Summary 3 August 2023


Delays in family courts

New Law Journal, Epoch Times (£) and several regional outlets continue coverage on the rising delays in family courts, causing children who have been separated from their parents to wait in limbo for over a year.

Law Society President Lubna Shuja said: “What is often missed in the debate around the unacceptable backlogs in our family courts is the impact on children.

“They are suffering the very real consequences of months and sometimes years of uncertainty about their future, preventing them from having the stability they need to thrive.”

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Housing Loss Prevention Advice Service

The Gazette, Letting Agent Today and Gazette Ireland report our reaction to the Ministry of Justice’s new Housing Loss Prevention Advice Service (HLPAS).

Law Society President Lubna Shuja said: “In principle we support the HLPAS.

“It is also a welcome recognition of the value of early advice and the need to address a client’s problems holistically. We cannot underestimate the value of early legal advice as it can help address problems before they escalate, preventing cases from going to court unnecessarily.

“However, we have continuing concerns as to whether the system will be effective, and about the increasing legal aid advice ‘deserts’ caused by long-term underfunding of the system.”

Minimum salary rise for trainees

LawCareers.Net and New Law Journal cover the Law Society’s recommendation for a 10% rise in minimum salary for trainee solicitors.

Law Society President Lubna Shuja said: “We consider the increase in the recommended salary for aspiring solicitors to be appropriate at this time. There are a range of factors that were considered during our discussions around the minimum salary policy and uplift, including the rise in cost-of-living expenses – which have particularly hit those on lower salaries – and the economic impact on solicitors’ businesses.”

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Digital Property Market Steering Group

Inside Conveyancing, International Business Times and BIM Plus look at the formation of the Digital Property Market Steering Group.

Law Society President Lubna Shuja said: “The Law Society is committed to improving the home-buying experience for consumers and others involved in the conveyancing process. Whilst we know that chains of transactions can lengthen timescales, involving sellers’ solicitors at an early stage would make the process smoother and more efficient.

“We recognise that the combined efforts of the whole sector – regulators, professional and trade bodies, and government – are needed to achieve this. This new group provides a forum for collaboration and achieving change, while enabling individual members to progress their own work in a co-ordinated way.”

Out-of-court disposals

The Gazette reports on government proposals around cautions.

Law Society Vice President Nick Emmerson said: “Having more consistent use of non-court disposals in situations approved by Parliament for their use is in principle a good idea.

“If in some areas this leads to more people being prosecuted who are currently being cautioned, this will inevitably have an impact on the courts backlogs, and there are serious questions as to whether the criminal justice system has the capacity to cope.”

Cyber insurance

Today’s Conveyancer covers our research that shows fewer than one in three (28%) firms having taken out cyber security insurance.

Law Society President Lubna Shuja said: “We encourage firms to give serious consideration to purchasing cyber insurance.

“Our research shows that just 28% of firms have purchased cyber insurance. This is a small increase from the 21% who bought it in 2018.”

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Non-disclosure agreements

Oman Observer reports our calls to bring an end to the misuse of non-disclosure agreements (NDAs).

Law Society President Lubna Shuja said: “We urge the government to commit to making it harder for NDAs to be misused when they involve settling issues around workplace harassment or discrimination.

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Climate change guidance

Managing IP mentions our guidance on the impact of climate change on solicitors.

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Also worth a read:

  • Law ranked third in study of jargon-filled professions Legal Cheek
  • Ministers are to select the next Financial Regulators Complaints Commissioner – Sky News
  • More than four in 10 sexual assault convicts avoid prison – Telegraph (£)
  • Record numbers of young people being arrested for terrorism-related offences – BBC

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