This is a big step. You are moving from being an employee, drawing a guaranteed wage, to being a self-employed entrepreneur. We know from experience that often people are not adequately prepared. We can help.

We can go through with you the financial implications in detail. We can even help you with analysing the offer of partnership. We can also talk through broader business aspects of working with your new business associates who co-own the firm.

What is written above applies to people gaining an ownership share in a law firm in other ways, for example being invited to become a share-owning director or a member of an LLP.

Tax Considerations: employed v self-employed
Partner Tax Reserves
Offer of Partnership – review of the firm’s finances + the overall business
Working within the Management Team
Managing Staff
Understanding Management Accounts

All information will be held confidentially. We anticipate that this will be a service provided direct to the aspiring/new partner, but it could be provided to them at the request of the firm. As professionals we would anyway hold anything confidential. We are fine with signing an NDA. Our Contract anyway contains a mutual confidentiality clause.

(Non-UK: we can assist but may not be able to give such detailed advice on tax.)

Charges: £200/hr + VAT

To find out more contact us on 07887 524507 or [email protected]

Here we have gathered together information anda number of useful articles from the Law Society so that you may find them easily in one place.

The new national lockdown will come into force in England at 12.01am on Thursday 5 November and last until at least Wednesday 2 December.

In Wales, the restrictions brought in through the national ‘firebreak’ lockdown will continue until 9 November.

But remember - you can Carry on Trading!!

What are the new restrictions in England?

The most relevant points for solicitors include:

going to work – everyone who can work effectively from home must do so. Where people cannot do so, they should continue to travel to work/attend their workplace
international travel – outbound international travel and overnight stays away from home are to be banned, unless for work purposes. If people must travel, they should follow the quarantine guidelines and relevant travel corridor restrictions
courts – courts will remain open unless otherwise stated
education – childcare, schools, colleges and universities will remain open and the prime minister stressed school is the best place for children to be
vulnerable people – clinically vulnerable people have been asked to follow the restrictions closely as far as possible. New guidance will be published on visits to care homes
property market remains open – the housing secretary has given an update on the housing market update ahead of second lockdown:
- renters and homeowners will be able to move
- removal firms and estate agents can operate
- construction sites can and should continue
- tradespeople will be able to enter homes
- all must follow the COVID-19 safety guidance
key workers – the definition of 'key workers' will be the same as it was in the first lockdown and will therefore cover solicitors if they fall within these categories:
- advocates (including solicitor advocates) required to appear before a court or tribunal (remotely or in person), including prosecutors
- other legal practitioners required to support the administration of justice including duty solicitors (police station and court) and barristers, solicitors, legal executives, paralegals and others who work on imminent or ongoing court or tribunal hearings
- solicitors acting in connection with the execution of wills
- solicitors and barristers advising people living in institutions or deprived of their liberty

Some articles

The MoJ has published a series of documents for the Legal Profession with advice and guidance for when we leave the EU on 1st January 2021. For ease of reference we have published the links to them below. A lot of important issues.

Some require urgent action - such as if you are an EU qualified lawyer who owns a UK law firm. It seems to indicate that you will have to requalify!

Legal Services Business Owners:

https://www.gov.uk/government/publications/legal-services-business-owners-from-1-january-2021/legal-services-business-owners-after-1-january-2021

General Guidance here for lawyers:

https://www.gov.uk/government/collections/changes-to-legal-practice-from-1-january-2021-guidance-for-legal-professionals?utm_source=9b45471f-cd7c-4e3c-8d84-5edb73b4e98d&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily

Cross-Border Civil & Commercial Cases:

https://www.gov.uk/government/publications/cross-border-civil-and-commercial-legal-cases-guidance-for-legal-professionals-from-1-january-2021/cross-border-civil-and-commercial-legal-cases-guidance-for-legal-professionals-from-1-january-2021

Divorces involving the EU:

https://www.gov.uk/government/publications/divorces-involving-eu-from-1-january-2021/divorces-involving-eu-from-1-january-2021

Maintenance Cases involving the EU:

https://www.gov.uk/government/publications/maintenance-cases-involving-eu-from-1-january-2021/maintenance-cases-involving-eu-from-1-january-2021

Parental Responsibiliuty involving the EU:

https://www.gov.uk/government/publications/parental-responsibility-involving-eu-from-1-january-2021/parental-responsibility-involving-eu-from-1-january-2021

Family Law Disputes in general:

https://www.gov.uk/government/publications/family-law-disputes-involving-the-eu-guidance-for-legal-professionals-from-1-january-2021/family-law-disputes-involving-the-eu-guidance-for-legal-professionals-from-1-january-2021

The Law Society published on 24^th August a very helpful guide. This can be accessed here: https://www.lawsociety.org.uk/topics/coronavirus/practical-framework-for-law-firms-and-sole-practitioners-on-return-to-the-office

However, for speed and ease of reference (on the basis that every click loses a percentage) we have reproduced it here. We hope this will be of assistance.

The UK government has published detailed guidance for offices in England, which covers law firms and sole practitioners.

The guidance has been updated to state that employers should consult with their employees to determine who can come into the workplace safely from 1 August 2020. This extends to people who are at a higher risk or clinically extremely vulnerable.

We've updated this framework to reflect the most recent guidance from the government on ensuring a COVID-19 secure workplace, changes to the rules on working from home, when to wear face coverings, guidance on mass gatherings, ventilation and work-related travel.

These are the most relevant points for legal services.

Basic principles

Non-prescriptive. Each law firm will need to translate the guidance into specific actions, depending on its size, management and structure
Legal obligations. The guidance does not supersede any legal obligations relating to health and safety, employment or equalities. Existing obligations must be complied with, including those related to individuals with protected characteristics
Discretion and COVID-19 secure workplaces. The updated guidance no longer suggests working from home if you can. Instead, it gives employers discretion on their workplace arrangements. Measures could include continuing to work from home, but the guidance emphasises that this is just one way to work safely. An alternative is to make workplaces safe by following 'COVID-19 secure' guidelines so that staff can return to work

Practical steps firms have to take

Conduct a risk assessment (including how to manage an outbreak)
Manage risks and compliance
Look after your staff who are on-site and working from home
Protect people who are at higher risk
Support staff who need to self-isolate
Ensure you comply with measures required for staff members with protected characteristics
Put in place measures for social distancing at work
Adapt workplaces and workstations
Adapt your meetings
Adapt your common areas
Managing client visits and contractors
Be clear on personal protective equipment (PPE) and face coverings
Manage your workforce who are on-site, track and trace duties, and managing an outbreak
Minimise work-related travel
Keep communicating with your staff
Review your policies and processes

Conduct a risk assessment

The firm needs to carry out an appropriate COVID-19 risk assessment, just as it would for other health and safety related hazards.

As part of your risk assessment, you should make sure that you have an up-to-date plan in case there's a COVID-19 outbreak. This plan should nominate a single point of contact who should lead on contacting local public health teams.

This risk assessment must be done in meaningful consultation with staff groups.

If the organisation has fewer than five workers, there's no need to write anything down as part of the risk assessment
Firms must consult on the risk assessment with their nominated health and safety representative
The assessment should have particular regard to whether the people doing the work are especially vulnerable to COVID-19
Firms should share the results of the risk assessment with their workforce. If possible, firms should consider publishing it on their website (and the government expects all businesses with over 50 employees to do so)
When employers consider that workers should come into their place of work, this will need to be reflected in the risk assessment and actions taken to manage the risks of transmission in line with this guidance
The risk assessment should consider higher-risk groups including: older males, people with a high body mass index (BMI), people with health conditions such as diabetes, and people from some Black, Asian or minority ethnicity (BAME) backgrounds

If you've already conducted your risk assessment (and have opened your offices), you must review it regularly and cross reference it against this practical framework to check that the measures you have put in place are working and identify any further improvements you should make.

Download the template COVID-19 risk assessment for law firms (Word 116 KB)

A meaningful consultation means engaging in an open conversation about returning to the workplace before any decision to return has been made. This should include a discussion of the timing and phasing of any return and any risk mitigations that have been implemented.

Manage risks and compliance

Employers have a duty to reduce workplace risk to the lowest reasonably practicable level by taking risk mitigation measures, including consulting with other employers that share the same workplace. To protect the health and safety of your workers and visitors, employers are advised to consider the following steps in order:
- ensuring both workers and visitors who feel unwell stay at home and do not attend the premises
- in every workplace, increasing the frequency of handwashing and surface cleaning
- businesses and workplaces should make every reasonable effort to ensure their employees can work safely. This may be working from home or a COVID-secure workplace
- When in the workplace, everyone should make every reasonable effort to comply with the social distancing guidelines set out by the government
- From 1 August, clinically extremely vulnerable individuals can go to the workplace as long as it's COVID-secure, but should carry on working from home wherever possible
Where the social distancing guidelines cannot be followed in full, in relation to a particular activity, firms should consider whether that activity needs to continue for the business to operate, and, if so, take all mitigating actions possible to reduce the risk of transmission between staff
Mitigating actions include:
- increasing the frequency of hand washing and surface cleaning
- keeping the activity time involved as short as possible
- using screens or barriers to separate people from each other
- using back-to-back or side-to-side working (rather than face-to-face) whenever possible
- reducing the number of people each person has contact with by using ‘fixed teams or partnering’ (so each person works with only a few others)
- redesigning tasks to avoid people needing to unduly raise their voices to each other
If people must work face-to-face for a sustained period with more than a small group of fixed partners, an assessment is needed on whether the activity can safely go ahead

Display a notification (90 KB) in a prominent place in your business and on your website to show the firm has followed this guidance

The government has clarified that failure to complete a risk assessment that takes account of COVID-19 or completing a risk assessment but failing to put in place sufficient measures to manage the risk could constitute a breach of health and safety law.

Enforcing authorities can issue enforcement notices to help secure improvements.

Serious breaches and failure to comply with enforcement notices can constitute a criminal offence, with fines and even imprisonment of up to two years.

Inspectors are carrying out compliance checks nationwide to make sure that employers are taking the necessary steps.

Law firms and practitioners must follow instructions from authorities in the event of new local lockdowns and restrictions.

Look after your staff who are on-site and working from home

The government advice has changed from 'work from home where you can' to employers should ensure that workplaces are safe, whilst also enabling working from home
You should consult with your staff to decide who can come into the office safely. In doing so, you need to take account of a person's journey, caring responsibilities, protected characteristics and other individual circumstances. Extra consideration should be given to those people at higher risk
If you consider that your staff should come into the office, then this will need to be reflected in your COVID-19 risk assessment and actions taken to manage the risks of transmission in line with this guidance. It's vital that employers engage with their staff to make sure that they feel safe returning to work, and they should not force anyone into an unsafe workplace
Steps that will usually be needed:
- considering the maximum number of people who can be safely accommodated on site
- planning for a phased return to work for people safely and effectively

At home	At the office
Monitor the wellbeing of people who are working from home and help them to stay connected with the rest of the workforce, especially if the majority of their colleagues are on-site	Help on-site members to be connected with those working remotely
Provide support for workers around mental health and wellbeing. This could include advice or telephone support	Provide support for workers around mental health and wellbeing. This could include advice or telephone support
Provide equipment for people to work at home safely and effectively, for example, remote access to work systems	As far as possible, where staff are split into teams or shift groups, fix these teams or shift groups so that where contact is unavoidable, this happens between the same people
Consult, communicate and engage	Identify areas where people directly pass things to each other (for example, office supplies) and find ways to remove direct contact, such as using drop-off points or transfer zones

Protect people who are at higher risk

From 1 August, clinically extremely vulnerable individuals can return to their workplace provided that COVID-secure guidelines are in place. However, they should work from home wherever possible
If clinically vulnerable individuals cannot work from home, they should be offered the option of the safest available on-site roles, enabling them to maintain social distancing. It may be appropriate for clinically extremely vulnerable individuals to take up an alternative role or adjusted working patterns temporarily
Attention should also be paid to people who live with clinically extremely vulnerable individuals

Support staff who need to self-isolate

Staff members who are advised to stay at home under existing government guidance to stop infection spreading should not physically come to work. This includes staff who have symptoms of COVID-19, those who live in a household or are in a support bubble with someone who has symptoms, and those who are advised to self-isolate as part of the government's test and trace service
Your organisation should enable workers to work from home while self-isolating if appropriate

Ensure you comply with measures required for staff members with protected characteristics

Understand and take into account the particular circumstances of those with protected characteristics
Involve and communicate appropriately with workers whose protected characteristics might either expose them to a different degree of risk or might make any measures under consideration inappropriate or challenging for them
Consider whether you need to put in place any particular measures or adjustments to take account of your duties under the equalities legislation
Make reasonable adjustments to avoid disabled workers being put at a disadvantage and assess the health and safety risks for new or expectant mothers
Make sure that the steps taken do not have an unjustifiable negative impact on some groups compared to others, for example, those with caring responsibilities or those with religious commitments

Put in place measures for social distancing at work

You must make sure that your staff maintain social distancing guidelines (two metres or one metre with risk mitigation where two metres is not viable) wherever possible, including:

while arriving at and departing from work
while in work
when travelling between sites

The government has emphasised that social distancing applies to all parts of a business, not just the places where people spend most of their time. This includes entrances and exits, break rooms, canteens and similar settings. These are often the most challenging areas to maintain social distancing and workers should be specifically reminded.

Some measures to implement include:

staggering arrival and departure times at work to reduce crowding into and out of the workplace, taking account of the impact on those with protected characteristics
providing additional parking or facilities such as bike racks to help people walk, run, or cycle to work where possible
reducing congestion, for example, by having more entry points to the workplace
providing more storage for workers for clothes and bags
using markings and introducing one-way flow at entry and exit points
providing handwashing facilities, or hand sanitiser where not possible, at entry and exit points and not using touch-based security devices such as keypads
defining process alternatives for entry/exit points where appropriate, for example, deactivating turnstiles requiring pass checks in favour of showing a pass to security personnel at a distance
reducing movement by discouraging non-essential trips within buildings and sites, for example, restricting access to some areas
introduce more one-way flow through buildings
reducing maximum occupancy for lifts, providing hand sanitiser for the operation of lifts and encouraging use of stairs wherever possible
making sure that people with disabilities are able to access lifts
regulating use of high traffic areas including corridors, lifts turnstiles and walkways to maintain social distancing
operating the office ventilation system when there are people in the building

Adapt workplaces and workstations

Avoiding use of hot desk spaces and, where not possible, cleaning workstations between different occupants, including shared equipment. Workstations should be assigned to an individual and not shared
Review layouts and processes to allow people to work further apart from each other
Using floor tape or paint to mark areas to help workers keep socially distanced
Only where it’s not possible to move workstations further apart, arranging people to work side by side or facing away from each other rather than face-to-face
Only where it’s not possible to move workstations further apart, using screens to separate people from each other
Manage occupancy levels to enable social distancing
Ventilation into the building should be optimised to ensure a fresh air supply is provided to all areas of the facility and increased wherever possible. Doors and windows should be kept open if possible

Adapt your meetings and business gatherings

Using remote working tools to avoid in-person meetings
Only absolutely necessary participants should attend meetings and should maintain social distancing
Avoid transmission during meetings, for example, avoiding sharing pens and other objects
Provide hand sanitiser in meeting rooms
Hold meetings outdoors or in well-ventilated rooms whenever possible
For areas where regular meetings take place, use floor signage to help people maintain social distancing
The guidance confirms that businesses can host events:
- indoors: businesses following COVID-19 secure guidelines can host groups of more than 30 people indoors, for example for training and seminars
- outdoors: in public outdoor spaces, businesses can host more than 30 people provided they take reasonable steps to mitigate the risk of transmission, following COVID-19 secure guidance and complete a risk assessment

Adapt your common areas

Work collaboratively with landlords and other tenants in multi-tenant sites/buildings to ensure consistency across common areas, for example, receptions, staircases
Stagger break times to reduce pressure on break rooms or canteens
Create additional space by using other parts of the workplace or building that have been freed up by remote working
Install screens to protect staff in receptions or similar areas
Provide packaged meals or similar to avoid fully opening staff canteens
Encourage workers to bring their own food
Reconfigure seating and tables to maintain spacing and reduce face-to-face interactions
Regulate use of locker rooms, changing areas and other facility areas to reduce concurrent usage
Encourage storage of personal items and clothing in personal storage spaces, for example, lockers and during shifts

Managing client visits and contractors

The UK government guidance states that from 8 August, members of the public will be required to wear a face covering when visiting premises providing professional, legal or financial services.

The Health and Safety Executive has confirmed that this requirement only applies to law firms with a ‘shop front’ on to a high street, for example where members of the people can walk in.

All other law firms, for example those who only see clients by appointment, do not require their clients or visitors to wear face coverings in their premises. Other rules on social distancing, cleaning protocols and information set out in the government guidance and our practical framework. Staff are not required to use face coverings in law firms. The use of face coverings is discretionary.

You may wish to:

encourage visits via remote connection/working where this is an option
where site visits are required, site guidance on social distancing and hygiene should be explained to visitors on or before arrival
limit the number of visitors at any one time
determine if schedules for essential services and contractor visits can be revised to reduce interaction and overlap between people, for example, carrying out services at night
maintain a record of all visitors, if this is practical
revisit visitor arrangements to ensure social distancing and hygiene, for example, where someone physically signs in with the same pen in receptions
provide clear guidance on social distancing and hygiene to people on arrival, for example, signage or visual aids and before arrival, for example, by phone, on the website or by email
establish host responsibilities relating to COVID-19 and providing any necessary training

Be clear on personal protective equipment (PPE) and face coverings

Wearing a face covering is optional and is not required by law to be worn by staff in the office
Firms should not encourage the precautionary use of extra PPE to protect against COVID-19 outside clinical settings or when responding to a suspected or confirmed case of COVID-19
Unless firms are in a situation where the risk of COVID-19 transmission is very high, the risk assessment should reflect the fact that the role of PPE in providing additional protection is extremely limited. However, if the risk assessment does show that PPE is required, then firms must provide this PPE free of charge to workers who need it. Any PPE provided must fit properly
Face coverings are not a replacement for other ways of managing risk, such as increased hand and surface washing. If staff members choose to wear one, firms should support their workers in using face coverings safely if they choose to wear one. This means telling workers:
- wash your hands thoroughly with soap and water for 20 seconds or use hand sanitiser before putting a face covering on, and after removing it
- when wearing a face covering, avoid touching your face or face covering, as you could contaminate them with germs from your hands
- change your face covering if it becomes damp or if you’ve touched it
- continue to wash your hands regularly
- change and wash your face covering daily
- if the material is washable, wash in line with manufacturer’s instructions. If it’s not washable, dispose of it carefully in your usual waste
- practise social distancing wherever possible
You should provide extra bins to dispose of face coverings and other PPE safely. The government has produced further guidance on how to dispose of single use face coverings and PPE properly

Manage your workforce who are on-site, track and trace duties, and managing an outbreak

As far as possible, where staff are split into teams or shift groups, fix these teams or shift groups so that where contact is unavoidable, this happens between the same people
Make sure that all employment records are up to date, including contact details
Assist the test and trace service by keeping a temporary record of your staff shift patterns for 21 days and assist NHS Test and Trace with requests for that data if needed. See further guidance
If there's more than one case of COVID-19 reported in your organisation, you should contact your local PHE health protection team to report the suspected outbreak
If your local health protection team declares an outbreak, you'll be asked to record details of symptomatic staff and assist with identifying contacts. You'll be provided with information about the outbreak management process, which will help you to implement control measures, assist with communications to staff, and reinforce prevention messages
If possible, encourage your staff to walk, cycle or drive to work. However, if using public transport is necessary, wearing a face covering is mandatory. Some firms are offering face coverings for staff – this is discretionary

Minimise work-related travel

Minimise non-essential travel. Encourage people to walk or cycle where possible
Minimise the number of people who are not in the same household or support bubble travelling together in any one vehicle by using fixed travel partners, increasing ventilation when possible and avoiding sitting face-to-face
Clean shared vehicles between shifts or on handover
Where workers are required to stay away from their home, centrally logging the stay and making sure any overnight accommodation meets social distancing guidelines

Keep communicating with your staff

Provide clear, consistent and regular communication to improve understanding and consistency of ways of working
Engage with workers through existing communication routes and worker representatives to explain and agree any changes in working arrangements
Develop communication and training materials for workers prior to returning to site, especially around new procedures for arrival at work
Engage with workers (including through employee representative groups) to monitor and understand any unforeseen impacts of changes to working environments
Use simple, clear messaging to explain guidelines using images and clear language, with consideration of groups for which English may not be their first language
Use visual communications, for example whiteboards or signage, to explain changes to schedules, breakdowns or materials shortages to reduce the need for face-to-face communications

Review policies and processes

Review your policies, including health and safety and incidents management
On health and safety, the government guidance states that in an emergency – for example, an accident, provision of first aid, fire or break-in – people do not have to comply with social distancing guidelines if it would be unsafe
People involved in the provision of assistance to others should pay particular attention to sanitation measures immediately afterwards, including washing hands
Consider the security implications of any changes you need to make to your operations and practices in response to COVID-19, as any revisions may present new or altered security risks, which may need mitigations

We recommend that you also update policies on whistleblowing, data protection and flexible working, and creating new ones on video conference protocols and how to notify if someone is displaying COVID-19 symptoms.

Read our toolkit on safe return to the office

See our employment law guidance on return to the office

Find out more about our Return, Restart and Recovery campaign

This sector-specific guidance applies to England only. In Wales, similar guidance is being developed and not yet available.

Our Wales office is having ongoing discussions with the Welsh government and we'll update members when we have further insight.

Law firms in Wales should continue to operate remotely, and staff should work from home as default

New legislation on making wills

The legislation recognises that:

An increasing number of people have sought to make wills during the Covid 19 pandemic, but for people shielding or self-isolating it is extremely challenging to follow the normal legalities of making a will - namely it being witnessed by two people.
In response to this The law (the Wills Act 1837) will be amended to state that whilst this legislation is in force, the ‘presence’ of those making and witnessing wills includes a virtual presence, via video-link, as an alternative to physical presence.

The legislation will apply to wills made since 31 January 2020, the date of the first registered Covid-19 case in England and Wales, except:

cases where a Grant of Probate has already been issued in respect of the deceased person
the application is already in the process of being administered

The legislation will apply to wills made up to two years from when the legislation comes into force (so until 31 January 2022), however this can be shortened or extended if deemed necessary, in line with the approach adopted for other coronavirus legislative measures. The advice remains that where people can make wills in the conventional way they should continue to do so.

When the new law ceases to be in force, people will only be able to make new legal wills using the normal methods.

The legislation applies to codicils (documents that formally modify or amend an original will). Codicils must satisfy the same signing and witnessing rules that are involved in the making of a will.

This guidance reflects both requirements and suggested best practice:

where ‘must’ is used it reflects a legal requirement
where ‘should’ is used it relates to (non-mandatory) best practice

The current law on making wills

The legislation ruling the making of wills in England and Wales is the Wills Act 1837

None of the existing relevant requirements are changed by the new law.

Section 9 of the Act sets out the requirements for making and witnessing a will as follows, and these requirements remain in force:

No will shall be valid unless -

(a) it is in writing and signed by the testator or by some other person in his presence and by his direction; and
(b) it appears that the testator intended by his signature to give effect to the will; and
(c) the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and
(d) each witness either attests and signs the will or acknowledges his signature in the presence of the testator (but not necessarily in the presence of any other witness), but no form of attestation shall be necessary.

The law also includes a number of other requirements. For example, that the person making the will ‘has testamentary capacity’ - that they know fully what they are doing and are able to express their intentions - and that they are not being unduly influenced by anyone.

For witnesses, the current law allows an executor to the will to be a witness but a beneficiary from the will (or their spouse/civil partner) cannot be a witness without the gift to them becoming void. ‘Mature minors’ are allowed to witness a will, but blind people cannot. There is a general assumption that a witness should have testamentary capacity.

Distanced witnessing - ‘clear line of sight’

In the existing law a witness must have a ‘clear line of sight’ of the will-maker signing and understands that they are witnessing and acknowledging the signing of the document, for example if self-isolation or social distancing have prevented the signing and witnessing of a will by people in the same room.

The person making the will must have a clear line of sight of the witnesses signing the will to confirm they have witnessed the will-maker’s signature (or someone signing on their behalf and at their direction).

The following scenarios would lead to a properly executed will during the pandemic within the existing law, provided that the will maker and the witnesses each have a clear line of sight:

witnessing through a window or open door of a house or a vehicle
witnessing from a corridor or adjacent room into a room with the door open
witnessing outdoors from a short distance, for example in a garden

Video-witnessing

In the new law, all of the legislation set out above applies where a will is video-witnessed.

The type of video-conferencing or device used is not important, as long as the person making the will and their two witnesses each have a clear line of sight of the writing of the signature.

To reflect this, the will-maker could use the following example phrase:

‘I first name, surname, wish to make a will of my own free will and sign it here before these witnesses, who are witnessing me doing this remotely’.

Witnessing pre-recorded videos will not be permissible - the witnesses must see the will being signed in real-time. The person making the will must be acting with capacity and in the absence of undue influence. If possible, the whole video-signing and witnessing process should be recorded and the recording retained. This may assist a court in the event of a will being challenged - both in terms of whether the will was made in a legally valid way, but also to try and detect any indications of undue influence, fraud or lack of capacity.

The following scenarios illustrate circumstances in which video-witnessing might be appropriately used:

Example 1:

the testator (T) is alone and witness one (W1) is physically present with witness two (W2). Together, W1 and W2 are on a two-way live-action video-conferencing link with T

Example 2:

T, W1 and W2 are all alone in separate locations and are connected by a three-way live-action video-conferencing link.

Example 3:

T is physically present with W1, and they are connected to W2 by a two-way live-action video-conferencing link.

Example 4:

T is physically present with a person signing the will on their behalf (and at their direction), and connected to W1 and W2 by two or three-way live-action video-conferencing (depending on whether W1 and W2 are in the same or separate locations)

Signing and witnessing a will by video-link

Signing and witnessing by video-link should follow a process such as this:

Stage 1:

The person making the will ensures that their two witnesses can see them, each other and their actions.
The will maker or the witnesses should ask for the making of the will to be recorded
The will maker should hold the front page of the will document up to the camera to show the witnesses, and then to turn to the page they will be signing and hold this up as well.
By law, the witnesses must see the will-maker (or someone signing at their direction, on their behalf) signing the will. Before signing, the will-maker should ensure that the witnesses can see them actually writing their signature on the will, not just their head and shoulders.
If the witnesses do not know the person making the will they should ask for confirmation of the person’s identity - such as a passport or driving licence.

Stage 2:

The witnesses should confirm that they can see, hear (unless they have a hearing impairment), acknowledge and understand their role in witnessing the signing of a legal document. Ideally, they should be physically present with each other but if this is not possible, they must be present at the same time by way of a two or three-way video-link.

Stage 3:

The will document should then be taken to the two witnesses for them to sign, ideally within 24 hours. It must be the same document (see Counterpart documents).
A longer period of time between the will-maker and witnesses signing the will may be unavoidable (for example if the document has to be posted) but it should be borne in mind that the longer this process takes the greater the potential for problems to arise.
A will is fully validated only when testators (or someone at their direction) and both witnesses have signed it and either been witnessed signing it or have acknowledged their signature to the testator. This means there is a risk that if the will-maker dies before the full process has taken place the partly completed will is not legally effective.

Stage 4:

The next stage is for the two witnesses to sign the will document – this will normally involve the person who has made the will seeing both the witnesses sign and acknowledge they have seen them sign.

Both parties (the witness and the will maker) must be able to see and understand what is happening.
The witnesses should hold up the will to the will maker to show them that they are signing it and should then sign it (again the will maker should see them writing their names, not just see their heads and shoulders).
Alternatively, the witness should hold up the signed will so that the will maker can clearly see the signature and confirm to the will maker that it is their signature. They may wish to reiterate their intention, for example saying: “this is my signature, intended to give effect to my intention to make this will”.
This session should be recorded if possible.

Stage 5:

If the two witnesses are not physically present with each other when they sign then step 4 will need to take place twice, in both cases ensuring that the will maker and the other witness can clearly see and follow what is happening. While it is not a legal requirement for the two witnesses to sign in the presence of each other, it is good practice.

Consideration may be given to the drafting or amending of the attestation clause in a will where video-witnessing is used. The attestation clause is the part of the will that deals with the witnessing of the will makers signature. For video-witnessed wills it may be advisable to mention that virtual witnessing has occurred, along with details of whether a recording is available.

If you have any questions about this process you are advised to consult a solicitor or will-making professional.

Professional bodies, such as the Law Society and STEP, are expected to be issuing their own guidance to their members on this process, and any such material should be read alongside this guidance.

Electronic signatures

The Government has decided not to allow electronic signatures as part of this temporary legislation due to the risks of undue influence or fraud against the person making the will. These risks were identified by the Law Commission in its 2017 consultation paper on wills. The Law Commission is undertaking a law reform project which will include consideration of the possibility of allowing electronic wills in the future.

Counterpart documents

The term ‘counterpart documents’ refers to when two copies of the will are prepared, and while the will maker signs one document, the witnesses sign another copy of the same document. The two counterpart documents between them constitute one valid will.

The Government has decided against introducing counterpart wills as part of this temporary legislation. Although some authorities have adopted this reform to complement video-witnessing, the Government has decided against allowing it in England and Wales in the belief that the risks outweigh the benefits at this stage. Such risks include there being different versions of the will (with different contents), the witness signing the wrong document, and an increase in the risk of undue influence and fraud.

Here is a link to the Government Website for this article/update: https://www.gov.uk/guidance/guidance-on-making-wills-using-video-conferencing

The Government Apprenticeship Scheme is promoted as an option by the SRA for a way to assist with the funding of training costs.

It is Government Policy to help people into employment to be able to use their skills and become good tax-payers.

So, you should be pushing at an open door. In October 2020 DWF announced that from January 2022 trainees will be on the SQE using the Apprenticeship Scheme. In April 2021 the BBC In-House Legal Department invited applicants for Level 7 Graduate Legal Apprenticeship in 2022 - to qualify as solicitors through the SQE. So the larger organisations are starting to adopt this.

The big benefit is that the trainee can qualify without a £17,000 debt (as currently is the case under the LPC).

* The government is reviewing whether the funding of level 7 apprenticeships such as for the SQE should continue. Here's a link to their press release of 24.9.24

But that might give employers more flexibility over wages perhaps?

We are interested in helping people who have done their degree to progress with their career. There are so many struggling to find a traineeship at the moment and in limbo. Such a waste of potential, effort and money. The assistance here may unlock all the potential places that exist in small law firms.

Here is a summary of information on how a law firm could use the Apprenticehip Scheme for people training to become solicitors:

The employer employs the Apprentice.
If you are an employer accessing funding through the apprenticeship service, you must have and operate within the terms and conditions of your apprenticeship employer agreement. Here is the link to the government suggested template Apprenticeship Agreement: https://www.gov.uk/employing-an-apprentice/apprenticeship-agreement The Agreement is between the employer and the apprentice.
The employer must also sign a commitment statement with their apprentice and the training provider. Here is a link to the government suggested draft and some other info: https://www.gov.uk/government/publications/apprenticeships-off-the-job-training
They have to be employed for a minimum of 30 hours a week (80% of which must be spent on the job and 20% with the training provider).
The minimum length of the apprenticeship is 12 months (certain exemptions apply due to exams having been taken and earlier QWE, but 12 months would be reasonable anyway for them to give back once they’ve learned the ropes in the firm, I’d suggest).
You must pay the Apprentice at least the National Minimum Wage (currently £8.91/hr if aged 23 and over)
The firm, as the Apprentice’s employer, pays their wages.
The firm may be able to get a waiver for NI (national insurance contributions) if the Apprentice is under 25 years old (refer to your accountant).
Grant (only up to the end of Sept 2021) of £3,000 if they are aged under 24 years. That grant is paid to the employer. (refer to your accountant)

Funding for the training

The government will pay 95% of this (or 100% if you are large enough to be paying into the Apprenticeship Fund via the Levy [your annual wage bill is over £3 million]).
This is paid directly to the training provider (up to a maximum of £27,000 for the whole training and exams under the apprenticeship); it is paid in the form of credits, no money goes to the employing firm.
When the Training Provider quotes, the quote should include the cost of the SQE 1 & 2.
A big difference here is that the Apprentice does not qualify with a huge debt (currently up to £17,000 for the LPC) for the training and exams.
Transfer Funding – larger firms and companies who pay the Apprenticeship Levy are now allowed to transfer any surplus they may have each year to a smaller organisation, which can then cover the 5% of the training costs that the smaller organisation/firm would otherwise be left paying; so if you have a good relationship with a larger organisation ask them – it won’t cost them anything.

The Apprenticeship scheme is run through a portal. You can delegate a lot of the admin should you wish.

Getting rid of an underperforming Apprentice – Apprentices have no more or less employment rights than any other employee. There is no impact on the apprenticeship funding. There is no clawback from the employing firm. The Training Provider would cease to receive any more money as the training would have ceased.

Apprenticeship Support Service - contact details:
- Phone: 08000 150 600, tel line open 7 days a week 8am-10pm. Will respond via email during normal office hours
- Web: https://help.apprenticeships.education.gov.uk/hc/en-gb
- Emails to: [email protected]

External QWE Confirmation Service

If you know of someone who needs an SRA regulated solicitor to confirm their QWE but have no-one in their organisation to do so - we can help. This service would apply to someone who is NOT qualified as a lawyer. Please see the link below and feel free to signpost them to us:

QWE - External Confirming Solicitor Service - for Aspiring Solicitors

YouTube Videos on SQE, SQE2 Exemptions & QWE

https://www.youtube.com/@hunningsconsultancy999/videos

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. 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.

· Business Law & Practice

· Dispute Resolution

· Contract

· Tort

· Legal System of England & Wales

· Public Law

· Legal Services

· Property Law & Practice

· Wills & Administration of Estates

· Solicitors Accounts

· Land Law

· Trust

· Criminal Law & Practice

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.

Skills

In 5 Contexts

· Client Interviewing & Attendance Note

· Advocacy

· Case & Matter Analysis

· Legal Research

· Legal Writing

· Legal Drafting

· Negotiating

· Criminal Litigation

· Dispute Resolution

· Property Practice

· Wills & Intestacy, Probate Administration & Practice

· Business Organisation Rules & Procedures

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:

The length of time of QWE
That the person has had the opportunity to develop some or all of the competencies in the Statement of Solicitor Competence and
There are no ethical issues that arose during the QWE period which might be relevant to an Assessment of Character & Suitability.
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/

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

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