Law Society publishes proposals to reform civil justice
The Gazette, Law360 (£), LexisNexis (£) and the Ombudsman continue coverage of our Green Paper which was published as part of our 21st Century Justice Project.
The Green Paper outlines policy proposals to fix the justice system. One proposal could save the justice system £72 million over the course of the next parliament, according to independent analysis.
Incoming Law Society President Nick Emmerson said: “A properly functioning civil justice system is vital to economic growth and a fair society. It’s how businesses make sure they get paid on time and how people assert their rights. Yet the current system is not fit for future purpose. As the membership body representing more than 160,000 practicing solicitors in England and Wales, it is vital that the Law Society is leading the debate about how to create a modern, efficient civil justice system.”
Brett Dixon, a solicitor at Scott-Moncrieff & Associates, also writes in the Gazette about our Green Paper and its benefits to the profession.
He said: “The Law Society has worked hard over the last year to gather points of view and evidence to be able to consider how and what role digital change can and should play in delivering access to justice. The role of solicitors is central to that.
“The Green Paper is an opportunity to place the Law Society at the forefront of the discussions in this area, which is exactly where solicitors and consumers need them to be: ensuring that the core role of the law in society – and solicitors in delivering that – is not lost in a rush to leverage the benefits of digitalisation.”
Will writing
The Pension Times gives a tell-all guide of what should and shouldn’t be included in a will.
Law Society President Lubna Shuja said: “Many people are unaware of the stress and strain they can leave behind if they do not make a Will or regularly update one to reflect their current wishes. We encourage those who haven’t yet done so to put their affairs in order.
“Writing a legally valid Will with an expert solicitor ensures people’s estates are inherited exactly as they would choose. It can prevent a whole raft of problems landing on loved ones at a time when they are grieving. If you choose to write your own Will, it is strongly recommended that you have it checked by a solicitor to make sure it is valid and achieves what you intended.”
World Mental Health Day
Today (10 October) is World Mental Health Day and we are calling for urgent reforms to the Mental Health Act.
Law Society President Lubna Shuja tells Today’s Conveyancer: “As we celebrate World Mental Health Day, we must recognise the urgent need to reform the Mental Health Act.
“The current legislation is outdated. It does not provide mental health patients with enough agency or choice in their care and treatment, or ensure they are always given the dignity and respect they deserve.
“We are pleased that the government introduced a draft Bill to reform the Act and welcome its proposals to ensure vulnerable people can access justice. The proposed changes would increase the frequency of patients’ referrals to the Mental Health Tribunal and give them more rights to challenge their detention.
“The next step is for the government to respond to the recommendations put forward by a joint committee of MPs and members of the House of Lords on how to improve the Bill and then introduce new legislation. There is a need to act now.”
LawCare reports 24% rise in lawyers’ calls
Law360 (£) reports that LawCare has published new data showing a 24% rise in the number of legal professionals contacting them for support.
“LawCare’s research echoes similar studies from the industry on mental health and wellbeing,” said Law Society President Lubna Shuja.
“The Law Society’s 2022 PC Holder Survey found a 30% increase in members reporting that their work goes beyond their contracted hours and impacts their personal life.
“We’ve called on the profession to take stock of its culture. We have a collective responsibility to make a positive work environment for everyone.”
Whistleblowing charity debates SLAPPs and NDAS
The Gazette reports from whistleblowing charity Protect’s conference, where strategic lawsuits against public participation (SLAPPs) and non-disclosure agreements (NDAs), were discussed by panellists.
Law Society President Lubna Shuja said: “If you have got a party on the other side that is not represented, solicitors are ultimately responsible [to make sure] that party understand what they are signing. The regulator has got a very important role to set the boundaries and the guidelines on how we go forward. These are disciplinary offences and the regulator will take action against [solicitors] for that.”
On how to make the usage of NDAS better, Lubna Shuja said: “Equality of arms. The SRA have made it very clear that if a lawyer is dealing with a non-represented person on the other side, the duty [is] on the lawyer to make sure [the unrepresented side] know what [they are] getting into. It is a disciplinary offence to take unfair advantage.
“One thing we have been doing in the Law Society is a real focus on the fix, because this is a culture change.”
Also worth a read:
- Explainer: Rwanda Supreme Court ruling – BBC News
- Home Office lawyers argue for ‘strong public interest’ for Rwanda deportations – Daily Mail
- Human Rights Watch report raises questions about government’s Rwanda plan – Guardian
- Rwanda plan will deport only ‘a small number of migrants’ – Times (£)
- Israel-Gaza attacks: Over 10 Britons feared dead or missing – BBC News
- Large law firms experiencing ‘cyber incidents’ – Legal Futures