Like many of my blogs or articles, the idea came from a comment made by a client. This was a small law firm in the Midlands (approx. 10 people).

2 partners told me that things started changing when they asked themselves if they were the blockage. I was impressed that they had the humility, courage and clarity of thought to step back and honestly ask the question. They were both very competent lawyers. They realised that, no matter how good they were, they couldn’t do it all.

• They would have to decide what they wanted.
• They would have to delegate.
• They would have to train up people to do certain things.
• They would need to design processes (or document what they did) so that things would be done the way they wanted them to be done.
• They would need systems to automate and then to enable them to monitor and review.

The alternative was the same hamster wheel, which would ultimately wear them out, with no chance to enjoy what they wanted to do or plan for succession in due course.

Once that decision was made things flowed from it. Setting a clear goal and holding up decisions in the future against it enabled them to stay on course.

This applies right across aspects of business or personal life.

Are you the blockage?

A great contemporaneous example is the sudden change in working practices which the Covid Lockdown has forced upon business. Working from home, remote working, flexible working have all been held back by management’s objections. The Covid Lockdown meant that blocking that change was no longer an option if you wanted to stay in business. They simply had to find a way.

People don’t like change. It involves risk. It makes us feel uncomfortable. It may require extra effort. Inertia is one of the strongest forces in nature! Also, people don’t like having to face awkward questions. Lawyers and Accountants (perhaps all of the traditional professions) are naturally cautious. They are professionally trained to be so – as they spend their working lives trying to protect their clients from risk or clear up the mess after things have gone wrong. However, if a business is to progress, adapt, survive, take advantage of opportunities, it has to take risks and make changes.

Here are some questions you could put to yourself to find out if you are the blockage …

• What are we trying to achieve?
• Have we done so yet to the optimal level?
• If not, what is the shortest route to it?
• What are the steps along that route?
• What resources do we need to achieve it?
• How can you optimise each stage/step?
• How are you measuring performance?
• What impedes optimal progress to the goal?

So – are you the blockage?

We have spoken with the SRA and been informed that they have emailed nearly 500 law firms with a request that by 14th August 2020 the firm completed a questionnaire and a declaration signed that the firm complies with the SRA Transparency Rules. A copy of the email is below. There is a link in it that the firm should click to bring them to the correct place to sign the declaration. It should be completed by the COLP. Please note that the link is particular to the firm, so we have disabled the link in this email so as not to compromise the client from whom we obtained this email. 

Please check the junk mail of your COLP if this email does not appear to have come through. 

Please do not delay - the deadline is 14th August to have completred this declaration. Thereafter they plan to contact firms (possibly in tranches of 600) every quarter in a similar way. We understand that the initial focus will be firms carrying out Immigration work.

If you need help ensuring that your website is indeed compliant with the SRA Transparency Rules then feel free to contact us. [email protected] or 07887 524507. We have already helped many firms. We have a package to help firms with this. Indeed it was a firm contacting us about this which alerted us. Here is a link to the package: https://hunningsconsultancy.co.uk/wp-content/uploads/2020/08/Flier-Transparency-Rules-and-GDPR-Review-Package.pdf

Here is a link to a blog we posted in November 2019 which contains the link to obtain your SRA Clickable Badge from the SRA, together with instructions on what to do: https://hunningsconsultancy.co.uk/compulsory-clickable-sra-logo-on-your-website-from-25th-november/

Below you will find the wording for the email.

"Dear XXX

We write to you in your capacity as the Compliance Officer for Legal Practice for OLD VICARAGE ADVISORY LEGAL (KEMPSTON) LIMITED, SRA ID 613473.

On 17 April 2020, we wrote to you about our enforcement of the SRA Transparency Rules (‘the Rules’). The Rules came into effect on 6 December 2018. They are designed to make sure consumers have accurate and relevant information about a solicitor or firm, allowing them to make informed choices. The requirement to display the SRA’s clickable logo (also known as the digital badge) came into effect on 25 November 2019, as part of the introduction of the Standards and Regulations.  

We now require you to declare whether you have a website that is compliant with the Rules and displays the SRA’s clickable logo.

The deadline for completion of the declaration is close of business on Friday 14 August 2020.   

The link below will take you to the declaration form. It will take around 10 minutes to complete and you will need to ensure the declaration is accurate before submission.

If your firm does not have a website, the declaration must still be completed to record this.

Complete the declaration at: URL for the Transparency Rules Self Declaraton for your firm (sorry - now removed by the SRA).

Is this compulsory?

Yes. We are requesting this information from each COLP on behalf of their firm under paragraph 3.3 of our Code of Conduct for Firms and 7.4 of our Code of Conduct for Individuals. There are no exceptions to this requirement. Your failure to respond may be a breach of our Codes of Conduct.  

What will I need to know?

You will need the name and SRA ID number of your firm. You will also be asked basic questions about your website. The declaration will take around 10 minutes to complete.

Do you have any guidance?

We have produced guidance about how to comply with the Rules and our enforcement approach. 

To help you understand the Rules and how to meet them we have issued guidance, alongside a Q&A.

To explain our approach to non-compliance you can view our enforcement strategy and the associated topic guidance.

Who can I speak to?

If you require further advice on complying with our Rules, you can contact our Ethics Guidance helpline on 0370 606 2577 or by e-mail at [email protected].

Yours sincerely

Robert Loughlin

Executive Director of Operations and Performance"

At last the Land Registry has moved into the modern age and recognised electronic signatures. They are now accepting dispositionary deeds (such as transferring , creating leases and securing mortgages) that have been signed with a witnessed electronic signature. 

Here is a link to the updated Practice Direction: https://www.gov.uk/government/publications/execution-of-deeds/practice-guide-8-execution-of-deeds

Here is a link to the article on the Land Registry website: https://hmlandregistry.blog.gov.uk/2020/07/27/electronic-signatures-in-practice/

If you're looking for a reliable method to do this we can recommend some software that we sue for electronic signatures.

The UK the government has published details of the method for British National (Overseas) (BN(O)) citizens ordinarily resident in Hong Kong, and their immediate family members, to move to the UK to work and study. Please find this at the link here: https://www.gov.uk/guidance/british-nationals-overseas-in-hong-kong

This is the press release from the Home Secretary: https://www.gov.uk/government/news/home-secretary-announces-details-of-the-hong-kong-bno-visa

The new SQE regime came into effect September 2021. There are transitional arrangements for those who have started to train beforehand so they do not have to go back to the beginning.

The idea is to have 1 standard across the whole jurisdiction of England & Wales. Currently each organisation providing the LPC creates its own LPC course, so some employers are reverting to A levels as the last measure that is moderated to a national standard. The SQE will give a uniform measure. It will also cover areas of legal practice mixed in with the law itself. Ethical & conduct issues will be scattered throughout and candidates are expected to spot them and deal with them, rather than them being flagged up for separate attention. Finally, the training element is now much more flexible, adapting to the more varied ways that people gather relevant experience.

The cost of both sets of the exams is currently (2023-24) £4,388. This figure does not include preparatory courses which will vary between the various providers.

[Please note: SQE exam fees will increase in October 2024 to:

SQE1: £1,888 (£1,622 – 2023/2024)
SQE2: £2,902 (£2,766 – 2023/2024)]

The Solicitors Qualifying Exams (SQE) is in 2 parts:

SQE 1

This is 2 exams, each of 180 multiple choice questions. 10 hours of exam time in total. The idea is to test candidates’ ability to identify legal principles and apply them to client problems and transactions. It will test core legal knowledge in the following subjects. Cost £1,622). SQE1 will take place at Pearson VUE test centres in the UK and internationally. The pass mark for SQE1 will be determined by a board of experts, drawing on the level competency expected of a solicitor on their first day at work.

SQE 2

There are 16 written and oral tests totalling 14 hours of exam time. They will be simulating tasks carried out by a solicitor in practice.

This is designed to assesses Practical Legal Skills for working with the law in practice. Candidates can only take the SQE 2 after they taken the SQE 1. It can be taken before the completion of the Qualifying Work Experience (QWE), but the SRA expect most candidates will take it after completed their 2 years QWE. It will assess both skills & law (50:50 weighting). Again, ethical issues will be embedded and it will be up to candidates to spot and deal with them. Areas covered are set out below. Cost £2,493).

QWE

Qualifying Work Experience (QWE) is designed to be more flexible than the old method and to test a wider experience and suite of legal skills. There are opportunities in this for both trainees and businesses. It should make it easier for people to qualify through a wider variety of routes, for example in-house legal departments and advice centres as well as traditional law firms.

The trainee must be able to show at least 2 years relevant experience of legal services. This will have to be signed off by a solicitor, but this does not have to be a training partner in a law firm. So, it gives the opportunity for this to be outsourced should you wish.

The experience may be obtained in up to 4 different organisations – so summer placements can count, as can work in an advice centre. Time spent before the SQE comes in can count, so long as it has been monitored and a solicitor can vouch for it. There is no longer the requirement for work in 3 practice areas (although that would give a more rounded experience in our view).

The solicitor is signing of:

1. The length of time of QWE
2. That the person has had the opportunity to develop some or all of the competencies in the Statement of Solicitor Competence and
3. There are no ethical issues that arose during the QWE period which might be relevant to an Assessment of Character & Suitability.
4. Will need to obtain feedback from the supervisor for the work

Benefits

For the Trainee Solicitor

• it gives you greater control and flexibility and
• can speed things up, as you can use holiday experience towards this.

For the Business

• greater flexibility,
• wider pool of talent from which to recruit,
• the new solicitor will be trained in more of the practicalities of working as a solicitor,
• the new solicitor will be trained to a national standard and
• you can benefit from the government support for Apprenticeships; can draw down funding from the Apprenticeship levy if your turnover is less than £3m (if above you can draw down on your contribution).

Firms may want to think what they want to do, who they want to attract and how they want to use the SQE to help them resource and grow their firm. They may want to revise what they say about this on their website.

External QWE Certification Service

We can be your External QWE Confirming Solicitor –

• should you as a Business decide that you might want to outsource the monitoring of the trainee for the QWE or
• if you are an Aspiring Solicitor and want to start having your QWE monitored now when you are doing holiday experience or other roles either outside or in your selected firm. See here for more info & fill in the form below to contact us (we have assisted several aspiring solicitors have their QWE accepted by the SRA) or to book a free zoom to discuss  https://hunningsconsultancy.co.uk/external-qwe-certification-service-2/

Some useful links

A link to a useful webinar about the SQE & QWE from the SRA: https://www.youtube.com/watch?v=xbbIIcC1f5k

A link to resource for Apprenticeships: https://www.apprenticeships.gov.uk/

A link to the SRA Transitional Arrangements: https://www.sra.org.uk/students/sqe/transitional-arrangements/

If you are interested in seeing how the Government Apprenticeship Scheme may assist with the costs of training then visit our article on this subject: https://hunningsconsultancy.co.uk/apprenticeships-the-sqe-how-this-can-save-you-money/

Link to the SRA suggested form for recording QWE: https://www.sra.org.uk/trainees/qualifying-work-experience/qualifying-work-experience-candidates/qwe-training-template/

Furlough Grants: Watch out for clawback of the grants made under the Job Retention Scheme. The Finance Bill is to receive it's 2nd reading in Parliament on 17th July and is expected to come into law by the end of this month. It will facilitate the clawback where the application was incorrect or fraudulent.

Here's a link to the passage and content: https://lnkd.in/eHK8ZHW

a good article produced by Herbert smith on the scheme (one of many): https://lnkd.in/eA_Z_MK 

and a press article on the potential clawback: https://lnkd.in/eEZwAQT

The Law Society has published good advice - a Toolkit including a Risk Assessment Template. You will find it here:

https://www.lawsociety.org.uk/support-services/coronavirus/safe-return-to-the-office-toolkit-for-firms/

The bill has now passed the House of Commons. It will not come into force immediately on Royal Assent to allow for careful implementation.

Here is a link to the article in the Law Society Gazette: https://www.lawgazette.co.uk/law/no-fault-divorce-to-start-in-autumn-2021/5104682.article?utm_source=gazette_newsletter&utm_medium=email&utm_campaign=No-fault+divorce+in+2021+%7c+Legal+aid+support+%7c+Systemic+racism_06%2f18%2f2020

Please find below a link to their advice. Applies to all law practices. Practical, sensible stuff. Worth a read. You never know when it might be referred to by the SRA at a later date if there is a complaint or a staff grievance. It would be worth revisiting your Staff Handbook, Office Procedures Manual and Firmwide Risk Assessments in the light of this. (If you would like help with this then please contact us.) 

https://beta.lawsociety.org.uk/topics/coronavirus/practical-framework-for-law-firms-and-sole-practitioners-on-return-to-the-office

Then please ensure that you communicate to all staff and clients in a clear and easy to understand manner. Good luck!

We are completely cloud based, so fortunately dodge this particular bullet.

See earlier articles on our website on preparing to return to full trading:

Coming out of the Covid-19 Lockdown – some practical steps

The Route Back to Trading

The Law Society has issued guidance to conveyancers who are advising their clients on house moves. In doing so they have consulted widely with the industry. Here is a link to the Law Society guidance:

https://www.lawsociety.org.uk/topics/coronavirus/

At the time of writing this blog there were 2 other guidance sheets linked to this which please find below for ease of access. Others may be added by the Law Society later so please check the above link. The 2 guidance sheets are below:

Industry Guidance on Reopening the Home Moving Market Safely

Consumer Guidance on Moving Home Safely during the Coronavirus Crisis

Please note that the Law Society state that these should be read in conjunction with the Government's guidance on moving home during the covid-19 crisis. https://www.gov.uk/guidance/government-advice-on-home-moving-during-the-coronavirus-covid-19-outbreak