9th July 2021 the UK government released 2 new Practice Directions for the process for the appointment of Official Solicitor as litigation friend for:

a) someone lacking capacity to conduct personal welfare proceedings and

b) for the person concerned for property and financial affairs proceedings in the Court of Protection

a) Welfare

This contains information and guidance around:

• appointing the Official Solicitor as litigation friend for someone lacking capacity to conduct personal welfare proceedings
• the proceedings that the Official Solicitor is usually invited to act in, including cases that involve serious medical treatment
• the Official Solicitor’s criteria for consenting to act as litigation friend
• how to invite the Official Solicitor to act in these kinds of proceedings

This practice note also contains details of how to contact the Official Solicitor, including out of hours applications relating to urgent medical treatment issues.

Here is a link to where you may download it: https://www.gov.uk/government/publications/appointment-of-the-official-solicitor-in-welfare-proceedings-practice-note?utm_medium=email&utm_campaign=govuk-notifications&utm_source=2bf1f0a5-8a23-449b-88ef-dbf6736d78d3&utm_content=daily 

b) Property & Financial Affairs

This contains information and guidance around:

• appointing the Official Solicitor as litigation friend for the person concerned for property and financial affairs proceedings in the Court of Protection
• requests from the court for the Official Solicitor to act as, or appoint counsel to act as, an advocate to the court
• the Official Solicitor’s normal criteria for accepting appointment in this type of proceedings
• how to contact and send documents to the Official Solicitor
• urgent cases

Here is a link to where you may download it: https://www.gov.uk/government/publications/appointment-of-the-official-solicitor-in-property-and-affairs-proceedings-practice-note?utm_medium=email&utm_campaign=govuk-notifications&utm_source=78193e4f-bfa6-47df-9df3-553ea0df5f6b&utm_content=daily

We are not giving legal advice, but as providers of business support to law firms, we thought this information might be of some assistance to some of our clients. For more info about our services please visit our website: www.hunningsconsultancy.co.uk or contact Ingemar at [email protected] or on 07887 524507

I don't know what's going on, but over the last couple of months we've been contacted out of the blue by 3 solicitors firms asking us to carry out a stress test on their compliance - so they are prepared should the SRA want to visit. No advertising. Fortunately we can cover all bases: AML, Solicitors Code of Conduct, SRA Accounts Rules and Data Protection.

Paul Wilkinson: 

Our expert on all things to do with AML and the Solicitors Code of Conduct/Rules. Paul also writes our OPM.

Ian Johnson:

A national expert of the SRA Accounts Rules - an accountant with specific expertise in all things to do with the finances of solicitors. Also involved in preparing benchmarking reports.

Nick Richards:

Our Data Protection Officer, expert in all things to do with Data Protection, GDPR compliance and interactions with the ICO.

Ingemar Hunnings:

Founder of HCL, solicitor and ex-partner, department head and board member - brings an understanding of how your firm works and a commercial focus as compliance has to work within the environment of the commercial reality of running a business. Ingemar will lead and co-ordinate the projects.

For more information contact

Ingemar on 07887 524507 or [email protected]

Ingemar was recently interviewed for this radio show in which the presenter, Adrian Pryce, has a brief chat with various people in business. Here's a link to the podcast in case of interest. It's about 15 mins long.

For further info contact Ingemar on:

[email protected] or 07887 524507

Absolutely delighted to learn yesterday that one of our clients has completed and obtained the ISAME accreditation. This is based upon advice we gave several months ago and then through assistance we gave. It is actually a medico-legal firm.

IASME stands for “Information Assurance for Small and Medium Enterprises". It is the highest level of cyber-security accreditation that SMEs would normally go for. There are about 30,000 businesses and organisations (including public authorities and government bodies) which currently have the accreditation. Often organs of the state insist you have this if you are to work with them.

For more info about this, obtaining the lesser cyber security accreditations of Cyber Essentials or Cyber Essentials plus or indeed our external DPO Service (Data Protection Officer) then feel free to give us a shout.

Contact Details

Ingemar: 07887 524507 or [email protected]

Here is also a link to our External DPO Service. These data protection services are for all business, not just those in the Legal Services sector.

An Independent AML Audit for your firm is required by Regulation 21 of The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.

Did you know this?

The SRA reviewed 74 solicitors’ firms between September 2019 to October 2020 and found that only about 20% had ever conducted an AML Audit.

The SRA have given notice that they will be increasing their programme of visits to assess AML compliance.

There is more AML legislation on the way in 2022.

Here is a link to more info & some assistance: https://hunningsconsultancy.co.uk/independent-aml-audit/

How We Can Help

We can carry out an

• AML Policy Review
• AML Training
• An Independent AML Audit

Or contact Ingemar Hunnings on 07887 524507 or [email protected]

Delighted to be able to announce that we've had our 1st client's QWE approved by the SRA - possibly the first anywhere. I've developed a service as an External Confirming Solicitor to help those Aspiring Solicitors who do not have a solicitor in their organisation to confirm the QWE. Here's a link to the service: https://hunningsconsultancy.co.uk/external-qwe-certification-service-2/

I've been working with a number of Aspiring Solicitors since September 2020, both in the UK & overseas. I've been liaising closely with the SRA as they published forms and clarified their process and procedure. A great relief to learn that what we've done has been approved.

If you have any questions or want more info then get in touch.

Contact Details:

[email protected]

+447887 524507

Here are answers to questions raised at a recent webinar Ingemar Hunnings ran for Aspiring Solicitors about the SQE & QWE. These have come from the SRA. We hope they will be helpful.

1. Do you have anything that sets out the format of each exam and the expected plan for the day. For example, SQE 1 is 10 hours – it that over 1 day or two, how will the day run etc

We are planning to launch a website shortly which will have all the information on it. It will also have the booking system on it. I understand that the website will launch soon, but I don’t have a date from IT as to when it will go live. The booking system will go live a few weeks after that.

In the interim, we have published this information to help candidates plan for the assessments. This information will be moved to the new website, and at that point we may have more details and may expand it.

https://www.sra.org.uk/globalassets/documents/sra/sqe1-what-happens-on-the-day.pdf?version=4ae646

https://www.sra.org.uk/globalassets/documents/sra/sqe-registration-booking-logistics.pdf?version=4ae988

2. Does one have to take the exams in sequence SQE1 first & passed before you can take the SQE2?

Yes – SQE1 has to be taken and passed before sitting SQE2.

The other steps to qualification (degree or equivalent, QWE) can be done in any order, and can be done before, during or after taking the SQE assessments

3. QWE - does the Confirming Solicitor have to have a current practicing certificate?

No, they do not need to hold a current practising certificate. That is because, as they are still on the Roll of Solicitors, we can still enforce the principles of professional ethics which apply to solicitors when they confirm QWE, such as honesty and integrity. Our website confirms that they do not need to hold a current practising certificate at https://www.sra.org.uk/trainees/qualifying-work-experience/qualifying-work-experience-candidates/

4. May an aspiring solicitor self-study for the SQE 1 & 2 – if so, can you point me to any materials that would help them

Our list of providers includes publishers of self-study materials. The publishers listed include Bloomsbury, City Law Series, Oxford University Press and Routledge. We don’t keep details of what they are publishing – candidates should contact them direct for details.

5. Is there a url you may point me to where aspiring solicitors may go to register for the exams (with Kaplan I assume). Do they pay through that as well?

That will be on the new website. The best way candidates can get notification is to subscribe to the SQE Update alerts, which will send them notification when booking live. The new website will also handle payment.

6. Overseas exam centres – I believe that Pearson Vue centres will be viewed, but I cannot find any detail on the SRA websites on this or how or where oversees aspiring solicitors can go to check this and book a centre (important as they may have to travel a long way still to get to a centre

Kaplan are still finalising venues with Pearson Vue. Currently, we know that the UK venues are planned to include London, Cardiff and Manchester, but we don’t yet have any details on the overseas venues. As soon as we have the details, we will publish them, and they will be listed on the new website. All the information we currently have is set out at https://www.sra.org.uk/students/sqe/sqe-assessments/#collapse_01fd

Making sure you are complying with the Solicitors Accounts Rules is a constant worry for law firm owners. If you are a small solicitors firm, when do you need to start having your Client Account Audited?

• If you are running a Client Account and
• If the average amount held in Client Account at the monthly reconciliations across the year is over £10,000 or
• If at any of the reconciliation dates the amount you hold in Client account exceeds £250,000

If you want to ask further questions then feel free to contact us. Our resident expert on the Solicitors Accounts Rules is Ian Johnson who is the current Chair of the ILFM and Vice Chair of the ICAEW Solicitors Advisory Group which issues guidance to all Reporting Accountants. He is also an accountant with a track record at KPMG, and director at Hazlewoods and Saffery Champness. He is also an expert on anything relating to Law Firm Finance.

If you need to find an account who has expertise in handling the accounts for solicitors firms and doing the Client Account Audit, then we can help with a recommendation.

Contact us: Ingemar: 07887 524507 or [email protected]

Or fill in the Contact Form below.

While you're here why not have a look at the top of this page of our website for our other services. We provide a 'One-Stop-Shop' for Business Support for Law Firms. Everything to allow a busy partner to get on with their client work.

This blog has been rewritten because the method for doing this has been changed by the SRA. No longer do you use the pdf form which they used to require.

Here is a link to a podcast if you prefer to listen to what to do: https://anchor.fm/ingemar9/episodes/How-to-register-your-QWE-with-the-SRA-SQE-route-e1dpjk3

Instead log onto your 'MySRA' account on the SRA website. From there you will see something like 'Notify us of your QWE'. You will need to write in the period of QWE you wish to have confirmed, the name of the organisation where you did the QWE, the name of the solicitor who will confirm the QWE to the SRA and their SRA reference number.

This will prompt the SRA to email that solicitor to ask them to confirm your QWE.

They will be asked to confirm:

"I confirm that in accordance with the SRA Authorisation of Individuals Regulations, the applicant has completed a period of qualifying work experience and:

• this work experience was for the number of months stated (full time or part time equivalent)
• the applicant has had the opportunity to develop some or all of the prescribed competencies for solicitors
• where the QWE has been completed in an organisation where I do not work, I have reviewed the applicant's work during the placement and have received feedback from the person(s) supervising their work."

What is QWE?

Here is a link to a short podcast with info if you prefer to listen:

https://anchor.fm/ingemar9/episodes/What-is-QWE--Part-of-the-SQE-route-to-qualifying-as-an-English-Solicitor-e1dllkp

Or visit this page on the SRA website: candidate pages.

But there is no definitive definition. It is up to the judgment of the Confirming Solicitor. It is best to ask them.

What is there is no solicitor in your organisation to confirm your QWE?

We can help. Our lead consultant, Ingemar Hunnings, (SRA No. 156976) provides a service as an External QWE Confirmation Solicitor. Find more information here:

If you are an Aspiring Solicitor: https://hunningsconsultancy.co.uk/external-qwe-certification-service-2/ 

If you are an employer: https://hunningsconsultancy.co.uk/qwe-external-confirming-solicitor-service-for-employers/

Other Links

There is quite a lot of resource for Aspiring Solicitors about the SQE & QWE on this website.

For information about the SQE see here: https://hunningsconsultancy.co.uk/the-new-sqe-exam-and-qualification-method/

Here is information on SQE Training Providers with their current charges for the training: https://hunningsconsultancy.co.uk/sqe-training-providers/

Contact us:

Fill in the form below

or by phone to Ingemar Hunnings: 07887 524507

or email:  [email protected]

On 24th March 2021 the UK Government published it's annual survey of UK businesses, charities and education institutions as part of the National Cyber Security Programme. The findings help these organisations to understand the nature and significance of the cyber security threats they face, and what others are doing to stay secure. It is an official government statistic. It was carried out by Ipsos MORI.

It covers:

• awareness and attitudes towards cyber security, including the impact of COVID-19
• approaches to cyber security, including the technical and governance processes that organisations have in place to identify and manage cyber risks
• the nature and impact (including estimated costs) of cyber security breaches
• differences by size and sector.

Below is an infographic summarising the findings.

Cyber_Security_Breaches_Survey_2021_Business_Infographic

Here is a link to the official report: https://www.gov.uk/government/statistics/cyber-security-breaches-survey-2021/cyber-security-breaches-survey-2021#fn:1

How Can We Help?

We can help you get the basic level: Cyber Essentials, or the next 2 levels up: Cyber Essentials plus or IASME. We also offer a DPO Service, where you can buy in time with our Data Protection Officer who will work with you on how you handle your data and liaise between you and the ICO, for example if there is a Data Breach. https://hunningsconsultancy.co.uk/dpo-service-data-protection-officer/ We can also help you with a local representative for GDPR in the EU if you are trading with them of in the UK if you are company wanting to trade in the UK.

Contact Ingemar on: 07887 524507 or [email protected]