A REPORT FROM LAW SOCIETY COUNCIL MEMBER LUBNA SHUJA
The last few months, during which we have had to adapt to different ways of working during the Covid-19 pandemic, have been incredibly challenging and difficult for many members of our profession. I am pleased to be able to report that, although the Law Society moved entirely to remote working, as did most organisations, it was still business as usual with a plethora of support provided to members to help them through these unchartered times.
The Law Society Council met remotely on 3 June 2020 and again on 15 July 2020. The Law Society Board and the various Law Society Committees have also continued to meet remotely so work has continued apace despite the lockdown. The Law Society AGM has been deferred to 15 October 2020 when it is hoped (perhaps optimistically) that Council members may be able to meet in person again. I set out below details of the main issues discussed at the Council meetings and the key decisions made. You will be able to find a copy of the CEO’s reports, which contain more detailed information, on our website at www.spg.uk.com.
Covid-19 Response
The Law Society responded quickly to the concerns, queries and uncertainties expressed by members about the actual and potential impact on their practices, clients, work, livelihood and wellbeing by providing them with guidance and support all of which is available on the Law Society website. This covers information ranging from a Business Continuity Toolkit, physical safety when attending courts/police stations/prisons, meeting regulatory requirements, dealing with guidance for practice areas such as conveyancing/Wills which were impacted in relation to electronic signatures and virtual execution of documents, through to a LawTech, Cybersecurity and fraud prevention hub. The Law Society engaged closely and often with the government and other stakeholders, including the SRA and the Bar Council, which resulted in significant wins for the profession.
Between 10 March 2020 and 20 May 2020, the Law Society Covid-19 pages received 151,000 unique page views which was testament to the value members had found in the information provided. On 24 March 2020 alone there were 40,000 unique page views of the website.
It was agreed that a 75% discount would be offered over a period to firms who were renewing their accreditations in the Criminal Legal Accreditation Scheme, CQS and Lexcel if they had a Legal Aid Crime Contract. This applied to more than 1,000 firms and many have taken advantage giving them some relief during a time of financial hardship.
The Law Society also worked hard to scrutinise the impact of emergency legislation and monitored the impact of social distancing on the administration of and access to justice. Changes were made to the Coronavirus Act in the areas of criminal justice, domestic abuse, immigration and the definition of “key workers” as a result of interventions made by the Society. Loans were also made available to firms who had not initially qualified for them, and self employed members could be furloughed and/or be eligible for other benefits.
I would urge you all to look at the Law Society website which has a great deal of information that you will find useful. There is a Practical Framework on Return to the Office, a Safe Return to the Office Toolkit for Firms (which contains a risk assessment template and Covid-19 posters that you can download to print), information on PII renewals and other Covid-19 related material. There is also guidance on managing cashflow, reducing costs and/or supplementing income. The focus of guidance for members now is the Return, Restart and Recovery Campaign.
The New Law Society Website and My Law Society
The new Law Society website was launched on 2 July 2020 and is now live. There is a significantly improved search function, redesigned content and new navigation based on member feedback. You will need to register on My Law Society to be able to access the full range of services and benefits available to you as a member. The registration process is simple and I would urge you all to sign up as soon as possible so that you can access and receive regular information on areas that are of interest to you.
The website continues to be developed and further improvements will be made over the coming months. This will include the launch of “Law Society Learning”, the new Learning Management System which will host new bite-sized e-learning modules as well as full digital courses which will allow members to develop their own learning.
There has already been a significant increase in demand for online events and it is likely more webinars will be provided in the future in addition to some face to face events. The lack of a need to travel to attend online events is clearly attractive to members across England and Wales and will become part of the “new normal”.
Practising Certificate Fee Reduction
In acknowledging the demands on members’ money, the Law Society took the decision to consult with the membership on its intention to take a 10% reduction in its part of the practising certificate fee for 2020-2021.
The Law Society receives around 30% of the practising fee. The largest portion (around 70%) covers the total costs of the SRA, part of the costs of the Legal Services Board and the Legal Ombudsman, the full cost of the Solicitors Disciplinary Tribunal, and certain levies under the Legal Services Act. Although the Law Society proposes to reduce its portion by £3m, proposed increases elsewhere will result in a flat practising fee overall.
This planned reduction is part of a package of support which equates to approximately £4m. This is made up of a reduction in the PC fee by the Society, driving down operating costs by £3m, along with offering free training programmes and additional free to access webinars and support to help members deal with the challenges they and their firms will be facing.
Access to Justice
Courts are now required to complete a risk assessment and make it available to users. The Law Society is working with HM Prisons and Probation service on how face-to-face prison visits can be safely restarted as well as with the judiciary and other stakeholders on increasing the number and type of face-to-face hearings that can be held in courts.
The Law Society is also monitoring the longer-term effects of the pandemic on access to justice and the rule of law. It has contributed so far to inquiries by the Women and Equalities Committee on the impact of people with protected characteristics under the Equality Act, the Housing, Communities and Local Government Committee on homelessness and the private rented sector, and the Joint Committee on Human Rights inquiry on the human rights implications of the Coronavirus Act 2020.
Public Affairs and Political Engagement
The Law Society and its campaigns were mentioned 17 times in Hansard and 32 times on social media. There has been high-level stakeholder engagement on priority issues with:
• The Lord Chancellor, Robert Buckland QC
• The Justice Minister, Alex Chalk
• The Profession and Business Services Minister, Nadhim Zahawi
• The EU Committee Chair, Hilary Benn
• The Shadow Justice Secretary, David Lammy
• The Shadow Attorney General, Lord Falconer
• The Liberal Democratic Justice spokesperson, Daisy Cooper
• The Chair of the Housing, Communities and Local Government Committee, Clive Betts.
The Law Society President, Simon Davis, made written representations to the Lord Chancellor, the Chancellor and the Housing Secretary in relation to legal aid firms, business rates and access to justice.
Regulation
Work on regulatory issues has continued including influencing in relation to the Solicitors Qualifying Examination (SQE), engaging on the economic crime levy and responding to the Mayson report as well as preparing to engage on the LSB’s three-year strategy.
Wales
The Law Society’s response to ‘Making Justice Work in Wales’ welcomed the Thomas Commission’s long-term vision for the future justice. It noted that as the body of Welsh law grows, it is important that due consideration is given to the distinct needs of the Welsh public and the legal profession in Wales.
International
The Law Society has issued a joint statement on Hong Kong and a statement on Egypt delivered before the UN Human Rights Council. Oral evidence was also given to the EU Services subcommittee of the House of Lords.
Governance
Robert Bourns, the Chair of the Law Society Board, was confirmed to remain in post for a further three years. Due to the AGM being postponed to October 2020, Simon Davis remains as President until then. This has impacted on Council elections which have also been moved back, such that new Council members will take office at the AGM. Also that month, Council will elect a new Deputy Vice-President and the existing office holders will each move up a rung as Simon Davis steps down. As he remarked – by then he will be not only the longest serving President, but also the one who has spent the most time working from a spare room!
Please do have a look at the new Law Society website and register on My Law Society. If you would like any further information on Law Society activities, or wish to discuss any issues affecting sole practitioners, or indeed, if you would like me to raise any matters with the Law Society, please do not hesitate to contact me on info@legalswan.com or on 0121 551 7866.
Lubna Shuja
SPG Law Society Council Member
Chair of the Law Society’s Membership and Communications Committee
Member of the Law Society Board
27 July 2020