Law Society Legal News Summary 27 November 2023


Hague 19 Convention 

Global Legal Post, Gazette Ireland and Commercial Dispute Resolution cover our response to the government committing to accede to the Hague 19 Convention. 

Law Society president Nick Emmerson said: “We welcome the unanimous support from respondents to the consultation for the UK joining the Hague 2019 Convention.”
 

Autumn Statement 

Today’s Wills & Probate continues coverage of our response to the Autumn Statement. 

President Nick Emmerson said: “While it is great news for business that full expensing has been made permanent, it is disappointing that parts of the legal services sector have once again been overlooked. Our call for the scheme to be expanded to include all law firms has gone unheard. 

“No new money was announced for a justice system crying out for investment despite it being in crisis with huge court backlogs, crumbling court buildings and a chronic shortage of lawyers and judges. Investment is needed right now to ensure access to justice remains open to everyone.” 

Read our press release
 

Reframing Justice – talking differently 

Law Society president Nick Emmerson and Tamsyn Hyatt, director of evidence at FrameWorks UK write in the Gazette about phase one of our Reframing Justice programme. 

They said: “In phase one of the programme, FrameWorks UK identified how the public think about the rule of law and access to justice and what mindsets underlie these views. 

“Mindsets are deep, assumed patterns of thinking that shape how we see the world and how we act within it. Mindsets can either normalise or problematise aspects of the existing social order. 

“Understanding mindsets means we can understand how people think – and what understanding is still to build. 

“We found key tensions between how experts in the field of law and justice and the wider public understand the rule of law and access to justice.” 

Find out more about Reframing Justice
 

Opening up legal markets 

Mickaël Laurans, the Law Society’s head of international, spoke at a session at the LawAsia Conference looking at the opening of legal markets to foreign lawyers and law firms, reports Bar & Bench

On how the opening up of the legal market would benefit India, Mickaël Laurans said: “We live in a globalised world, so local clients need foreign advisors. To take the example of India, a lot of Indian related legal work takes place in London, Dubai and Singapore. To what extent can local and foreign lawyers work in the same entity? The impact of opening up of legal market on young lawyers will depend on modalities of joint practice.”
 

Family court delays 

New Law Journal (£) runs an in-depth piece about delays in the family courts. It cites our concern at the continued delays and the inadequacy of legal aid. 

Read our press release
 

LSB complaints procedure 

Legal Futures covers our response to the Legal Services Board’s (LSB) consultation on new requirements for first-tier complaints. 

We are concerned by a requirement that a law firm’s complaints procedure must be “communicated to ‘each client’ in a format or formats tailored to a particular client’s needs.”

“There is a risk that such measures may burden smaller firms disproportionately, many of whom employ larger numbers of Black, Asian and minority ethnic solicitors and who may therefore be more negatively affected. 

“Any associated costs of implementing such measures are likely to be passed on to clients, thereby defeating the overarching aim of increasing access to justice.”
 

Also worth a read: 

  • Rwanda ruling: UK Supreme Court remains ready to curb executive authority – FT (£)
  • Gove confident Leasehold Bill will pass by next general election – BBC News
  • MPs working on making court records more accessible – Gazette
  • AI paralegal passes SQE1 – Legal Cheek

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