Law Society Legal News Summary 9 November 2023


Mediation 

The Times (£) mentions Law Society research in a piece looking at mediation. 

We warned that our research showed that the “the government’s ambition of encouraging mediation has been fundamentally undermined by its own decision to cut funding for early legal advice for family matters”.
 

Sentencing reforms 

The Times (£) looks at the government’s proposed sentencing reforms. 

Our head of justice, Richard Miller, said: “Record backlogs of cases leaving victims and defendants waiting to be heard, crumbling courts and a shortage of judges and lawyers all reflect the urgent need to fund justice.”
 

King’s Speech 

Legal Cheek, Solicitors Journal, New Law Journal and LawCareers.Net cover the Law Society’s response to measures announced in the King’s Speech. 

Law Society president Nick Emmerson said: “The government cannot fix the justice system unless it invests in all of it. Focusing on sentencing alone is not the right approach. The long delays faced by victims and defendants in our courts are simply unacceptable and there was nothing in this speech to seriously address the crisis. The entire criminal justice system is fracturing. 

“We urge the government to focus on fixing the issues in the justice system as a whole by investing in staff, judges and its buildings.” 

Read our press release
 

AI and the legal profession 

Daily Mail, Mail on Sunday, and NY Breaking report our reaction to the impact of artificial intelligence on the legal profession. 

Law Society president Nick Emmerson said: “At present and probably into the distant future AI will be unable to fully replace the function of legal expertise provided by legally qualified professionals.”
 

Alternative dispute resolution 

The Gazette covers our role as an intervenor in Churchill v Merthyr Tydfil County Borough Council case before the Court of Appeal this week.

Law Society president Nick Emmerson said: “The Law Society has strong reservations that this is a suitable case to challenge the outcome of Halsey. We believe that ADR that is independent of those involved will frequently be in the best interests of the parties and that compulsory referral will not necessarily be unlawful in all cases. But such a complex and sensitive issue should be considered in the round, rather than in a context where reform is constrained by the individual facts of the case before the court.”
 

SLAPPs 

A representative body for media lawyers has accused the Law Society of advancing a 'one-sided and misleading account' of the issues surrounding SLAPPs, reports Law.com (£). 

Law Society President Nick Emmerson said: “Naturally there is huge interest in the question of SLAPPs reform, and we understand the concerns that media lawyers have. Many Society of Media Lawyers members played an active role in shaping our position through our working group. 

“The Law Society has to balance its position carefully taking into account the interests of members – both claimant and defendant – access to justice and the rule of law. We’re happy to work with the Society of Media Lawyers to further inform our thinking – just as we are happy to hear all positions.”

Criminal legal aid

The Law Society is mentioned in a Gazette piece covering a panel discussion at the Criminal Law Solicitors Association conference looking at the future of the criminal defence sector.

Climate target 

Today’s Wills and Probate reveals that the Law Society has set a 2030 net zero target. 

This follows the launch of our milestone guidance on the impact of climate change on solicitors. 

Law Society president Nick Emmerson said: “It is important that as well as providing guidance for the profession, the Law Society demonstrates what we are doing to reduce carbon emissions in our own operations. We are setting this ambitious net zero target despite Chancery Lane being a listed building. 

“We are committed to becoming net zero by 2030 and plans to reduce our direct and indirect emissions are already underway. We have already begun to drive down energy usage across the business and the net zero target will be at the heart of all our decision-making.”
 

London calling 

The Gazette mentions Law Society president Nick Emmerson in a piece looking at French president Emmanuel Macron’s touting of Paris as natural post-Brexit successor to the City of London.
 

Also worth a read:

  • India and Georgia to be added to list of ‘safe states’ for migrant removals - Independent
  • Retired solicitors urged to come back pro bono – Gazette
  • Obituary: Lord Judge, a former Lord Chief Justice – Telegraph (£)
  • Nearly one in four general counsel demand greater diversity – Legal Futures
  • Report says magistrates are not following the law when sending thousands of people to jail on remand – Guardian
  • New LeO guidance urges lawyers to tell clients the ongoing costs of their service to avoid complaints made against them – Gazette

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