1 Legal The Sheffield & District Law Society Issue Nineteen May 2014 All smiles from your new team
3 The Legal_Sheffield and District Law Society_May 2014 Legal The Sheffield & District Law Society Sheffield & District Law Society 8 Campo Lane, Sheffield S1 2EF Tel: Contents President s Column 4 New Sheffield & District Law Society President Steven Dawson pens his first column for The Legal after his election at the recent Society AGM. Legal News 5 Howells Solicitors in Sheffield has been awarded funding for free welfare benefits advice. Plus a big IP award win for DLA Piper and the official launch of a new city office for Taylor Bracewell. Viewpoint 6 Costs specialist Joe Bellamy gives his guide to understanding the basics. Society News 7 There s a new President and a new team at the Sheffield & District Law Society. Viewpoint 8 Sheffield & District Junior Lawyers Division President Stacey Hanson on why the traditional route into the profession is becoming increasingly outdated and irrelevant. Legal News 9 The Sheffield office of Irwin Mitchell has welcomed eight newly qualified solicitors to its personal legal services team. A quiet moment for Giles at the More pictures from the event are Viewpoint 10 Eleanor Hopwood of Wake Smith looks at some of the recent key changes to family law. Legal News 11 Best Solicitors in Sheffield has strengthened its care team with two key appointments. Movers & Shakers Laura Robinson of CRA Legal examines the importance of taking the time to explore all your career options. Viewpoint 16 Barrister Angela Wrottesley from Bank House Chambers offers her thoughts on recent changes in criminal, family and civil law. Legal News 17 John Pickering has stood down from his role as chief executive of national law firm Irwin Mitchell. Society News 18 Dates for your diary with forthcoming events and a full list of CPD training opportunities. President s Farewell 19 Giles Searby looks back on his year of office. Law Banquet Photographs from the Society s biggest event of the year at the Cutlers Hall. Legal News 22 Bell & Buxton has maintained its impressive support for Will Aid, raising more than 9,000 for charity. No part of this publication may be reproduced without written permission from Cannon PR Ltd. All enquiries of this nature must be made in writing to; Robert s new role Robert Banner Robert Banner, executive director of Chesterfield and Sheffieldbased Banner Jones, has been elected chairman of the National Executive Committee of the Law Society s Law Management Section. The committee gives help and support to over a thousand members in England and Wales through newsletters and magazines, seminars, podcasts, webinars, road shows, forums and an annual conference. Editor David Todd Designer Sian Puckrin Advertising Opportunities & General Enquiries Cannon Public Relations Ltd Contact The Editor The Legal welcomes editorial contributions such as features, letters and news stories. To discuss any opportunities in forthcoming issues please contact; Yorkshire Law Banquet. on the following pages 3
4 Comment President s Column 4 New Sheffield & District Law Society President Steven Dawson makes the introductions. In this, my first Presidential column, I thought it may help to know a little about me. I am a partner and head of the private client department (wills and probate to the more old school amongst us) at MKB in Barnsley. The relevance of this? Well, our brief delve into the 140-year history of the Society suggests there has not, until now, been a President from a Barnsley firm. So I get to immediately tick off the First President to do X column of my CV. Joking aside, it is hoped that I can fully cement the merger of approximately 18 months ago when Barnsley Law Society joined the Society to increase the geographical scope of the firms represented by the & District part of the name. Which brings us onto one of my aims for the coming year to reach out to you, as members, or indeed potential members, to see how the Society can represent you and your firm. The Society is very aware that times are changing within our profession. The past few recessionary years, and all of the changes that have occurred with regulation, funding and countless other problems, have made it very hard for many firms. We have been forced to adapt or become history. Despite the rich history of the Society, we are very keen to ensure that it does not, itself, simply become part of history. That is why, in the coming year, we aim to reach out to firms in Sheffield, Barnsley, Rotherham, Chesterfield and everywhere else the Society has members, to see what you think we are doing right, and what we can perhaps do better. So whatever the size of your firm, or whether the feedback is good or bad, we would like to hear from you and meet with you to talk about how we can represent you. The Society is nothing without its member firms, and would simply become part of history. Modern firms have to adapt and we too are keen to adapt to become a modern Society. Whilst I obviously work in Barnsley, I am in Sheffield frequently and I live in Rotherham, so I am well equipped to meet members face to face. Please do get in touch. I also feel it appropriate at this stage to remind everyone that we are a totally independent entity to the National Law Society. We feel it is crucial that we stay this way as it enables us to better represent our member firms. We can, however, through our direct lines of communication, put the views of our member firms to the people at Chancery Lane, and this is something that I am very keen to hear from our member firms in relation to over the coming months. But I had best now step down off my political high horse, and introduce you to the rest of my team. I am delighted to be joined by Vice President Rachel Baldwin and Deputy Vice President Natalie Cosgrove. Rachel is a very highly respected criminal defence lawyer with Cartwright King. With all of the changes going on with the funding in that already hard-pressed area of practice I m delighted to have her on board. Natalie is also a most welcome addition as Deputy Vice President. Natalie works at Medical Solicitors and again is very highly regarded in her field. I am delighted to have these two knowledgeable, respected and fun ladies as part of the Executive team for the coming year. Natalie has already christened the three of us, plus Liz French Manager of the SDLS as the A Team. I have already claimed President s Privilege to decree that, if that is to be the case, then I am to be Hannibal, and definitely not Howling Mad Murdoch! I would also like to thank immediate past President Giles Searby, former President Anna Rudkin, and Honorary Treasurer Charles Neal. Giles and Anna were responsible for initially getting me involved at the Society, and I hope I can do as good a job as President as they did. Charles is the unsung hero of the Society. Keeping the finances in check and saying no to my requests for champagne receptions every other month is a somewhat thankless task at times, but I am incredibly grateful for his wisdom and support as I embark upon the coming year. Finally, it would be remiss of me to not plug the Society s upcoming social events and encourage you to use the CPD courses available over the coming months. The team puts a lot of time and effort into organising the courses and a range of social events. I am particularly looking forward to the clay pigeon shooting although, as the event gets closer, I am beginning to question the wisdom of sending a group of us competitive lawyers out into the Peak District armed with shotguns! Crucially, my one hope for the year is that I can do a good job of representing our members in whatever situations or occasions may arise. I am immensely proud to have been given this opportunity, and hope I prove worthy of the role you have entrusted to me.
5 The Legal_Sheffield and District Law Society_May 2014 Legal News Howells funding boost Funding for free welfare benefits advice has been awarded to Howells Solicitors. The contract, provided by the Legal Aid Agency, will enable people to access free legal help to appeal against decisions made by tribunals about their benefits. The funding is available to anyone in England and Wales, either via face-to face-advice in the North region or through a dedicated telephone service nationally. Howells is a leading law firm highly experienced in delivering welfare benefits advice, having previously held legal aid contracts from the LSC and helping over 26,000 clients through telephone legal advice in the last 5 years. Howells project manager Sue Colven said: We are delighted to have been awarded this contract as there are very limited options for people to get free advice about benefits. It is also great news for Howells as it is recognition of Sue Colven, Howells Solicitors the high quality of our work and we are pleased that we can continue offering help and advice on welfare benefits. Sue, meanwhile, has been shortlisted in the Family Mediation category of the Legal Aid Lawyer of the Year awards. She was nominated for her commitment and innovation for providing high quality family legal advice under legal aid, including securing funding to provide separating parents with free advice, mediation and counselling. Taylor Bracewell toasts new home in the city Louise Oliver, Jay Bhayani, Kevin Kerley and Sharon Beck Howells solicitor Carita Thomas has also been shortlisted for her outstanding work in immigration and asylum. n The Royal Association of the Deaf (RAD) has awarded Howells the Deaf Law Quality Mark. The quality mark demonstrates a commitment to giving quality legal advice to deaf clients, providing interpreters and ensuring an accessible and welcoming culture. n Howells has secured membership to the Law Society s Conveyancing Quality Scheme the mark of excellence for the home buying process as well as expanding the department to meet increased demand. The department, which opened last November, has grown quickly and a new appointment in experienced paralegal Donna Peers has added to the strength of the team. DLA Piper wins top IP award DLA Piper has been named Global Firm of the Year at the annual Managing Intellectual Property Awards. The team, which included Yorkshire partners Christopher Tulley and Richard Taylor, picked up the accolade at the awards ceremony at the Dorchester Hotel in London. Taylor Bracewell marked the opening of its Sheffield office with an evening of celebration and beer tasting at Kelham Island Museum. The firm, which is already one of the leading legal practices in Doncaster, has brought its full range of services, including business, property, wills, probate & estate administration, dispute resolution and family law to Sheffield on the third anniversary of the opening of its niche HR & employment sister firm, Bhayani Bracewell. Both firms are now housed in Fountain Precinct. Clients, contacts and colleagues joined Taylor Bracewell s partners to welcome the firm to the city. Managing partner Sharon Beck said: We would really like to thank our guests for joining us and helping us to celebrate our launch into Sheffield. It is a big move for us, of course, but with our sister firm Bhayani Bracewell well established in the city, we felt that it was the perfect time to bring our full range of legal services to Sheffield. Sheffield-based Richard Taylor, UK head of intellectual property & technology at DLA, said: Combining the expertise of our regional practices together with our network of colleagues across Asia-Pacific, Europe and Americas, we are uniquely positioned to produce the highest standard or work for our clients, across Yorkshire and beyond. This award is an exemplary achievement, and testament to the experience and the work of the practice globally. 5
6 Viewpoint Counting the costs 6 Joe Bellamy of Joe Bellamy & Associates, Sheffield s only firm of independent costs lawyers, gives his guide to understanding the basics of costs. There is no doubt that money is the lifeblood of a solicitor s practice. Fees between solicitor and client are governed by the Solicitors Act A solicitor s bill to his client is assessed on the indemnity basis. The court will not allow costs that have been unreasonably incurred or are unreasonable in amount though any doubt will be resolved in favour of the receiving party (the solicitor). Note that costs are presumed to be reasonably incurred if they were incurred with the express or implied approval of the client. When there is a dispute between solicitor and client as to the level of recoverable costs, a costs judge will be appointed to undertake a detailed assessment of the solicitor s costs. Whilst it can be argued that the giving and acceptance of instructions amounts to a retainer, there is no substitute for a written agreement signed by both solicitor and client. It is good practice to obtain your client s written authority before incurring disbursements/counsel s fees. Slater & Gordon is now offering clinical negligence advice in Yorkshire after appointing specialist lawyer Rachel Brown to its Sheffield office. Rachel is the first clinical negligence lawyer to work from Slater & Gordon s Sheffield office. She joins from Irwin Mitchell Sheffield where she spent more than four years. Rachel specialises in all types of clinical negligence cases, including birth injury, inquests, CJD cases, neurological and orthopaedic injury cases. Rachel Brown, Slater & Gordon Joe Bellamy Resist providing an estimate/quotation and instead offer a cap of an agreed amount. Suggest you agree with your client to invoice on a monthly basis which will assist cash-flow. Remember that once a bill has been delivered, it cannot be withdrawn and a new bill substituted unless the client consents or the solicitor obtains an order of the court. In contentious cases, the rule is that the loser shall pay the winner s costs. Most of the time it is necessary to serve a detailed bill of costs on the paying party though if no agreement can be reached and the value of the bill is less than 75k, the court will undertake a provisional assessment. The only costs to be allowed on the standard basis are those which are proportionate to the sums in issue, the complexity of the litigation, the conduct of the opponent and some wider factors such as reputation/public importance. Any doubt is to be resolved in favour of the paying party. Good file management is key to recovery of costs. A well-ordered file which matches the bill stands a very good chance of being allowed as drawn whereas a badly managed file will have the opposite effect. It is particularly important to record all telephone calls and to record all time spent on attendances and preparing/ considering documents. Following the Jackson Reforms, in most multi-track cases solicitors for both claimants and defendants will be required to present budgets for approval by the court. Budgets will need to include costs incurred and those to be incurred. This work is of vital importance because penalties for not presenting a budget on time will be severe (with no likely relief from sanctions) and even if you are representing a successful claimant, it is unlikely that you will recover from the opponent any more than the figure approved in the budget. Costs lawyers are best placed to present budgets for solicitors because completion of the budget (Form H) demands a high degree of expertise. As costs lawyers, we have expertise in various areas to include: 1. Drafting bills 2. Preparing points of dispute and, when required, replies to points of dispute 3. Direct negotiations with opponents concerning recovery of costs 4. Attend assessment hearings 5. Attend directions appointments 6. Preparing budgets (Form H) Contact Joe Bellamy on , or visit Rachel points Slater & Gordon in new direction Simon Allen, head of the Sheffield office, said: We are thrilled to have a solicitor the of Rachel s calibre joining our Sheffield team. Clinical negligence is an area that can be incredibly upsetting for our clients. We look forward to providing a world class legal service to clients seeking help in this area and to further growing our team in the future.
7 The Legal_Sheffield and District Law Society_May 2014 Legal News New President s vision for future Steven Dawson was elected President at the 138th Annual General Meeting of the Sheffield & District Law Society. Steven, head of the private client department at Barnsley s MKB Solicitors, succeeds Giles Searby of hlw Keeble Hawson in the role and outlined his intention to improve links with other local law societies, as well as working closely with Sheffield s universities. Rachel Baldwin of Cartwright King was elected Vice President of the Society and Natalie Cosgrove of Medical Solicitors will serve as Deputy Vice President. New President Steven Dawson with Vice President Rachel Baldwin (centre) and Deputy Vice President Natalie Cosgrove Retiring President Giles Searby reported on an increased corporate membership for the Society, including DLA Piper, and said the membership of Spencers Solicitors in Chesterfield had helped widen the area covered. He also said the Society raised 2,500 each for charities Rain Rescue and Roundabout, with the memorial dinner for Neil Thompson raising more than 4,200 for the Lymphoma Association. Steven Dawson thanked retiring committee members Anna Rudkin and Julie Watkinson foe their contribution to the Society, and welcomed Rianne Wilcockson and Fran Tyler as new committee members. n For a full list of forthcoming Society events and CPD dates, see page 18. Plus, for a selection of photographs from the Law Banquet, see pages 22 and 23.
8 Legal News Breaking the mould 8 Stacey Hanson is President of the Sheffield & District Junior Lawyers Division and a paralegal in the medical law and patients rights team at Irwin Mitchell. Student, trainee, solicitor. Student, trainee, solicitor. That is the career path that any aspiring lawyer must take. Or is it? It is increasingly an outdated, irrelevant and prejudicial viewpoint given the advantages to be gained from experience of the law prior to embarking upon a training contract or indeed from side-stepping the traditional tiered progression referred to above altogether. So in steps the paralegal. Depending on your viewpoint it is the stepping-stone to a training contract, the means of avoiding one altogether or else a rose by any other name. For many it is a career path which always runs parallel to, and is never any less important than, that of a solicitor. I can look back fondly on my short time as a paralegal and consider it an invaluable boon in my legal education and professional development. The Law Society informs us that in , there were 7,064 students enrolling on to the Legal Practice Course, a figure which has to be read against there being only 5,441 new training contracts Stacey Hanson registered with the SRA over the same period. This disparity inevitably leads to would-be trainees seeking alternative employment within the law, more often than not as paralegals. My own experience was not unusual and I found myself graduating from the LPC in 2012 without a training contract in place. What has followed has been two years of experience across various disciplines which I now, as a would-be trainee, would not like to have been without. I feel more assured, more competent and more focused on a career in law than ever before and it is the experience of paralegal work which has offered me the chance to develop that mindset. The competitive legal recruitment marketplace has caused an inevitable fallout of those unable to get training contracts into the pool of paralegals and the perception that it is the Robin to the Batman of the training contract is unfair. My own view is that it has been productive, insightful and beneficial both to my employer and me. It gives the employer and the employee the opportunity to size up one another prior to committing to a training contract. Experience is vital to all job applications and yet applicants often find themselves in the unenviable catch 22 of not being able to find a job without experience and thus not being able to gain the experience necessary to find a job. Law graduates are falling victim to the notion of a linear progression into a career in law. Student, trainee, solicitor. In the rush to the top candidates are leaving themselves open to shellshock at the reality of life in the law and, what is more, failing to arm themselves properly for the challenges ahead. I might well have been similarly singleminded and hard-headed in assuming a training contract was the only way to get to where I wanted to be a qualified solicitor. Now, with the ever-evasive benefit of hindsight, I am pleased to have been able to spend two years building up my repertoire and experiencing the breadth of work available to paralegals knowing that, when the time rolls around for training contract applications, I can speak with authority on what I want to do and why I know I can do it. To find out more about the JLD, find them at facebook.com/sheffieldjld, on and on LinkedIn Sheffield & District Junior Lawyers Division Nabarro offers backing to young business Nabarro has joined forces with Sheffield Hallam University to help young entrepreneurs start and grow their businesses. Associates from Nabarro s corporate team in Sheffield provide help at a free legal clinic one afternoon a month at Sheffield Hallam s Business Innovation Centre. The centre provides students and graduates with free business advice on subjects ranging from turning their start-up ideas into reality to help on how to grow their existing business. Nabarro has already advised a number of students. Nastaran Samii, owner of Samii & Honari Art Organisation, received advice about registering as a limited company and distribution of share capital, while Jamie Chapman, owner of 57 Digital Ltd, received advice on potential routes to grow his business. Gareth Saynor, partner and Head of Entrepreneur activity at Nabarro s Sheffield office said: These students are likely to be our business leaders of the future and we are pleased to be able to support them on their business journeys. Elizabeth Smart from Sheffield Hallam University s law and criminology department said: This project gives our students and graduates a great start to their careers.
9 The Legal_Sheffield and District Law Society_May 2014 Legal News Eight make the grade at Irwin Mitchell The personal legal services team at Irwin Mitchell s Sheffield office has seen eight trainees became fully qualified solicitors with the firm. They will work in the Sheffield office with a further 28 newly qualified solicitors working in offices across the rest of the country. In Sheffield, Sinead Hayes, Marcelo Masri, Charlotte Civico and Rosie Charlton will all now work in the medical law and patients rights team. Natalie Smith and Ciaran Dearden will be based in the Court of Protection and family team, respectively, with Kate Saunders qualifying into the contentious probate team and Laura Haigh into the workplace illness team. Adrian Budgen, regional managing partner for personal legal services in Sheffield, said: It s great news that these eight talented lawyers are now fully qualified and will be working within our specialist teams to help clients to resolve their legal issues. The Sheffield office was recently recognised as being the number one for personal legal services in both the Legal 500 and Chambers UK independent guides to law, and this next generation The newly-qualified solicitors at Irwin Mitchell of lawyers will help keep up our strong reputation. The personal legal services team at the firm has also been boosted with five new partners in the family, serious injury and contentious probate teams in the past year while the business legal services division has appointed 20 new partners since the start of 2012.
10 Viewpoint Change ahead for children Eleanor Hopwood, a solicitor in the family department at Wake Smith, examines some of the key changes brought about by The Children & Families Act 2014 & the Unified Family Court. A new raft of legislation was implemented in April 2014 and reforms a number of areas of the current Court systems and procedures, particularly in relation to children. Family lawyers are currently getting up to speed with the changes which will impact on the way we work and how we advise clients. Some of the key changes are as follows: A single Family Court will replace the existing family jurisdictions of the county and magistrates Courts and will unify their existing procedures. It is a National Court and will be able to sit anywhere. Each area will have a Designated Family Centre at one central location, from where a Designated Family Judge will operate and lead a Gatekeeping team, for allocating cases and overseeing responsibility for the area. All levels of judge and magistrate will be members of the same court, i.e. they will sit as Judges of the Family Court. Eleanor Hopwood Family Court Centres will usually comprise one or more hub courts and their satellite hearing venues. Where possible, judges and magistrates will sit in the same buildings. There are major reforms to both Public and Private Children Law. There will no longer be any Statement of Arrangements to file in respect of children in divorce or civil partnership proceedings, and any issues arising will be dealt with in mediation or an application to the Court. Focus on the need to ensure compliance with the requirements of the Mediation Assessment and Information meeting (MIAM) has been highlighted and the Court is now able to refuse to issue an application unless this has been undertaken or the FM1 signed off by a mediator. Residence and Contact Orders will cease to exist and are replaced by Child Arrangement Orders, in a bid to remove the emphasis on the labels applied. Instead the arrangements will be expressed as the child lives with A and spends time with B. The ability to define contact within the order remains, as does reference to the word contact itself. It will now be possible for Parental Responsibility to be granted on a temporary basis (for example whilst the child is attending for contact with Grandma) and the Court will generally be required to consider whether it s appropriate to confer on a permanent basis Parental Responsibility to any of the parties within the application who do not have it, regardless of whether a specific application has been made. There will be increased emphasis on shortening the Court process where possible, and review hearings will not be ordered by the Court unless absolutely necessary. There will be a new shortened financial remedy procedure for Schedule 1 proceedings under the Children Act 1989 and variation proceedings for a financial order. There are a number of changes to the FPR A new fees order will come into force although at the time of writing this has not been made available. The full impact of the changes will only be felt once they are in place but the emphasis is on streamlining and mordernising the Court process to improve efficiency and make it more accessible for its users. Watch this space! Graysons pair on the run for charity cash Graysons WE systems manager Neil Harrison and secretary Zoe Jackson braved cold and foggy conditions to raise more than 150 in the Age UK 10K charity run in Graves Park. the same time. Passing a man dressed as a beer bottle made me chuckle, and the sports massage at the end was a great treat and certainly helped reduce the aching muscles the next day. 10 Neil, who is also training to take part in triathlons this summer, said: The course was trickier than I had expected, but I really enjoyed being able to do this for Age UK and getting some fresh air at Neil Harrison and Zoe Jackson, Graysons WE Zoe, mum to two sons age 19 and 2½, didn t mind spending her Mother s Day raising money for the charity. She even went home and cooked dinner for her own mum and then treated herself to a long hot bath!
11 The Legal_Sheffield and District Law Society_May 2014 Legal News Best recruits boost care team Best Solicitors has welcomed Debbie Tickle to head up its care department and Dr Julie Hanson-Clerehugh to work within the care team. Debbie has moved to Best after working for 22 years at Parker Rhodes Hickmotts in Rotherham. She qualified in 1993 and, after completing her training contract, remained with the firm, rising to partner in Debbie now specialises in representing parents, children and family members in proceedings brought by the local authority, as well as children in complex private law proceedings. Debbie is an experienced advocate who is committed to ensuring that parents and children s voices are heard within these complex and distressing proceedings. Having advised regarding all aspects of family law throughout her career, Debbie also specialises in divorce and Debbie Tickle Dr Julie Hanson- Clerehugh ancillary relief matters and was one of the first solicitors to achieve the Law Society s Advanced Family Law Panel Accreditation. After a career as a university lecturer, Julie retrained as a solicitor and qualified in Julie also trained with Parker Rhodes Hickmotts in Rotherham and became a family law specialist and partner in Julie has worked exclusively in family law since 2004.The vast majority of her current practice is public law work representing parents, family members and children in care proceedings, and advising families where social services have involvement with their children. Julie specialises in working with parents who are learning disabled. Julie s experience also includes divorce, financial relief, private law children matters, domestic violence, and cohabitation breakdown. Julie is accredited to both the Law Society s Children Panel and the Advanced Family Law Panel. She is also a member of Resolution. Donna Tilbrook, managing partner at Best Solicitors, said: We are delighted Debbie and Julie have chosen to join us. Both are well regarded solicitors and their appointments strengthen our ability to handle the most complex care cases. n For more appointments, see pages 12, 13 and 14.
12 The Legal_Sheffield and District Law Society_January 2014 Movers & Shakers Should I stay or should I go? Laura Robinson of CRA on the importance of taking time to explore your options. Since the start of 2014, we have seen a pleasing increase in legal recruitment in South Yorkshire due to expansion and the upturn in instructions across a number of disciplines and at all levels. Those working within the sector may feel that the time could be approaching for their next career move in this more buoyant market after a period of some uncertainty and nervousness. But, of course, taking those first steps in seeking a new role can be daunting and filled with uncertainty, which is understandable, particularly for those who have remained in their present position for some years. At CRA, we have helped many legal professionals take those steps at a time that feels right for them. We also receive enquiries from those who are unsure about the next step in their career, seeking guidance about the market and advice as to whether or not a move would be the right choice for them. Our advice is always to take the time to explore your options and to be sure that you feel comfortable in making a move. There are a number of factors that should be taken into consideration when making such a decision and these should be explored fully when embarking on a job search. It s important to ask yourself what the reasons for considering a career move are, and to reflect on your motivations. Feelings of being undervalued and having your potential stunted can be harmful to your confidence and job satisfaction. These issues can often be resolved through honest discussions with your current employer but should that not be the case, a career move offering progression and further opportunities could be the right option for you. Alternatively, you may feel that you are not being sufficiently rewarded for the efforts and energy that you are investing in your position. There are a number of ways that your employer can invest in your career, which include salary, benefits, bonus, sponsorship or professional development. Only you can assess the gravity of your requirements in any of these areas but should you feel that your remuneration is lacking in comparison to others in a similar role and feel you would benefit by benchmarking your package, feel free to contact CRA to discuss the current market and salary expectations therein. On the other hand, it may be that you feel that you are capable of more than is being asked of you in your current role. Think back to the learning curve you experienced when you started your current job, before you reached your current level of competency in your daily tasks and expertise of your field. Could you possibly reach a higher level of ability by repeating that learning process in a new position? Laura Robinson of CRA Legal Recent research has shown that a typical professional masters their specific role over the course of three years. After that point, their pace of learning and improvement slows. It stands to reason that a career change after that threeyear span could recharge your personal development and boost your capability within your profession. This three-year rule is by no means the case for every individual but could provide guidance as to your professional development should you feel the urge to explore other career options to progress your own abilities. If you are simply suffering from a loss of passion for your current role it is most likely that you have reached a natural junction in your career path and have possibly progressed as far as possible in your current employment. A new challenge, a change in environment and the opportunity to further your career could be the right option for you. It is rare that those in this situation find what they are seeking in their current role and it is often the case that the time is right to put the wheels in motion for their next career move. Having recently made a career change from chartered legal executive at Irwin Mitchell to legal recruitment consultant at CRA, I m well placed to talk through any concerns you may have should you be considering making a move. Please feel free to call me on for a confidential conversation or me on 12
13 The Legal_Sheffield and District Law Society_May 2014 Martin moves in at Bell & Buxton Martin Sissons has joined the wills and probate department at Bell & Buxton. Martin has 25 years experience Martin Sissons of the Sheffield legal scene, having been a partner at Ashton Morton Slack and a founding partner of Simpson Sissons and Brooke. His specialities cover many aspects of private client work, including wills and probate, powers of attorney, Court of Protection applications, trust formation and administration and inheritance tax planning. Charles Neal, head of Bell & Buxton s wills and probate department, said: We are really pleased to welcome Martin to the firm. He is very well known in Sheffield and his experience and credentials will further enhance the service we are able to provide to our clients. Litigation expert Odette joins NWS Litigation executive Odette Tovey has joined the personal injury team at Norrie Waite and Slater. Odette, who was born Odette Tovey, NWS in Jersey and grew up in Paraguay, is a member of the Association of Personal Injury Lawyers and the Association of Child Abuse lawyers. Sherryl Kirk, practice manager at Norrie Waite and Slater, said Odette has built up an enviable reputation for her experience in dealing with road traffic accidents, accidents at work, trips, slips and falls, product liability, criminal Injuries and with particular experience of dealing with work-related stress and child abuse claims, two particularly difficult areas of practice. We are delighted to welcome her to our team. Marilyn returns to Graysons WE Marilyn Whittle has rejoined the clinical negligence team at Graysons WE. Marilyn has recently spent 18 months working at a national defendant firm on the NHS litigation panel. She will deal with the full range of clinical negligence work, including obstetrics, gynaecology, general surgery, orthopaedics, brain injury, cosmetic surgery, dental and acting for the deceased. Marilyn Whittle She has a particular specialism in dealing with wrongful birth claims and is currently working towards accreditation with the Law Society Clinical Negligence Accreditation Scheme. Peter Clark, managing partner at Graysons WE and head of its clinical negligence department, said: I am really pleased that Marilyn has re-joined us. She has a great deal of expertise and will certainly be an asset to our already highly experienced team of medical negligence lawyers. Charlotte steps up to solicitor role Charlotte Pinson has qualified as a solicitor at Sheffieldbased national niche licensing practice John Gaunt & Partners. Charlotte joined the firm as a paralegal Charlotte Pinson in 2008 and started her training contract in 2012, when she was seconded to Sheffield City Council for two days a week. Senior partner John Gaunt said: Charlie has been with us since 2008 as a crucial part of our licensing team. In 2012 we decided to reward her efforts with a training contract, during which she has continued to flourish. We hope she enjoys a long and successful licensing career at JG&P. The appointment coincides with a series of recent client gains for the practice, including their appointment to the legal panel of Sodexo, providers of corporate and other hospitality, and their instruction for a new tranche of 730-plus premises for an existing client. Commercial recruit at Taylor Bracewell Senior commercial solicitor Phil Crawley has joined the team at Taylor Bracewell. Phil, who graduated from Sheffield Hallam University with a degree in law, qualified as a solicitor in 2005 and has specialised in company and commercial work ever since. He was instrumental in setting up an enterprise agency that was a part of Doncaster s successful application for LEGI funding and has worked on multimillion pound deals in the region. He has a particular specialism in the niche field of school academy conversion and has advised on and assisted with many local and regional conversions. Amongst other issues, he has helped many schools with the complexities of conversion such as contracts, trustee issues and governor responsibilities. Jacqui joins T&E property team Phil Crawley Max Marrison welcomes Jacqui Dyer Taylor&Emmet has added to its commercial property team with the appointment of a new associate solicitor. Jacqui Dyer brings experience in a broad range of matters, particularly development projects. For the last seven years, Jacqui has worked at Nabarro s Sheffield office, handling national cases for major corporate clients. Prior to that, she spent three years at local firm Keeble Hawson. Head of Taylor&Emmet s commercial property department, Max Marrison, said: Jacqui s skills complement those of our existing team and she has adapted quickly to our systems and processes. Our client focused attitude enables Jacqui to play to her strengths and we are confident she will be integral in developing our links with agents, professional partners and the wider business community. 13
14 The Legal_Sheffield and District Law Society_May 2014 Lucy extends Unity line-up represents children, parents, family members and guardians in child care proceedings. Lucy Angus Specialist equality law and disability discrimination firm Unity Law has expanded its team with the appointment of Lucy Angus as assistant solicitor and Danielle Swainston as paralegal. Lucy s appointment follows the successful completion of her training contract with the firm, during which she was awarded Trainee Solicitor of the Year at the 2013 Yorkshire Lawyer Awards. Lucy has already worked on a number of high profile legal cases, including the leading case on access to buses by wheelchair users. The expansion of the team coincides with the firm securing a bespoke funding arrangement with a litigation funding company which allows disabled people to bring their case with the benefit of costs protection. Currently, the law does not allow claimants to recover the cost of insurance premiums in Equality Act cases but the firm s Equal Justice campaign, aimed a resolving this indirect discrimination, is currently receiving parliamentary attention. Laura earns place on Children Panel Partner and head of the child protection legal team, Kate Fitzpatrick, said: The Law Society only awards panel membership to those who offer the highest standards of legal expertise and client care. Laura s accreditation offers clients the confidence that they are in the hands of a specialist in child protection law and helps Graysons WE s child law team stand out from the crowd even further. Susan switches to new Howells role Community care and public law solicitor Susan Cawtherley has joined Howells Solicitors. With over 20 years experience in welfare benefits, housing, consumer credit and public law, Susan is highly Susan Cawtherley regarded in the profession. She said: Howells has a national reputation in providing a first class legal service in its family, crime and civil departments. I m delighted to have this opportunity. Conveyancer Eve joins Taylor&Emmet Sharna Poxon (left) and Claire Fletcher with Anthony Long Experienced HR manager Sharna Poxon previously worked at a boutique law firm in Leeds, overseeing the needs of 85 employees. Claire Fletcher joins the firm as a marketing co-ordinator following three years at Dimensions UK, a national support provider for people with autism and learning disabilities. Chief executive Anthony Long said: Effective HR and marketing is essential to the smooth running of the firm and I have no doubt Sharna and Claire will make valuable contributions to our continued growth and success. Phil makes grade at Atherton Godfrey Phil Boyle Phil Boyle has qualified as a solicitor with Doncaster law firm Atherton Godfrey and is now busy establishing his career in both clinical negligence and employment law. 14 Solicitor Laura Gibson of Graysons WE has completed her accreditation to become a member of The Law Society Children Panel. Laura Gibson The accreditation is the quality mark for legal professionals who work in the field of child-related law and Laura had to undergo a rigorous process to become accredited, including demonstrating superior knowledge, expertise and best practice. As a specialist solicitor in Graysons WE s child protection legal team, Laura Eve Lake Taylor&Emmet is expanding its residential conveyancing department. Licensed conveyancer Eve Lake has joined the Dronfield office after 10 years at Irwin Mitchell in Sheffield. She said: Taylor&Emmet has an excellent reputation and is regarded highly for its focus on client care. I enjoy being part of such a professional team and look forward to building our reputation in north Derbyshire. The firm has also made two key support team appointments. Phil is also the president of Doncaster Junior Lawyers, which provides a social and support network for local law students and those who have only recently qualified. The appointment brings the total number of solicitors in the firm to 32. Just Costs promotions National legal costs specialist Just Costs Solicitors has announced a number of promotions, including two at their office in Chesterfield. Regional manager of the Chesterfield office, Adam Oldale, is promoted to senior associate, while Charlotte Knight becomes a solicitor/senior costs negotiator.
16 Viewpoint Counsel s case note corner 16 Angela Wrottesley, barrister at Bank House Chambers, comments on recent legal changes. Angela has been in Chambers since 1999 and maintains a mixed practice. As summer moves on a pace it would appear that the Rules Committees in all jurisdictions have been busy. Amendments have been made to the Criminal Procedure Rules and the 72nd amendment to the Civil Procedure Rules has been issued following the creation of the unified County Court. In Family, the Single Family Court is now live, together with the Revised PLO and the Child Arrangements Programme. Crime The Sentencing Council has been active. Environmental Offences now have a Guideline of their own which applies to cases from 1st July 2014 and applies to both individuals and companies. The guideline intends to bring formality to an area where courts have struggled to identify a level of fine which is proportionate to the seriousness of the offence. Fines of up to 3 million are approved for large companies with high turnovers who commit the most serious offences. The new definitive Guideline in relation to Sexual Offences came into force on 1st April 2014 and covers over 50 offences. It brings increases in sentencing starting points and ranges. Tribunals are urged to consider carefully the impact of the offence on the victim and to reflect more fully upon the psychological impact of offending on the victim when passing sentence. This is a crucial development in the factors which fall to be considered pursuant to the Guidelines and this factor also features in the proposed Theft Offence Guideline which is presently in the consultation stage. Further the Fraud, Bribery and Money Laundering Guideline Corporate Angela Wrottesley Offenders comes into force on 1st October The Legal Aid, Sentencing and Punishment of Offences Act 2012 has significantly altered when offenders can consider their convictions spent. Finally, if you have a client presently before the court who may trigger the Dangerous Offender provisions then do have regard to the Court of Appeal judgment of R v Burinskas et al (2014) EWCA Crim 334. Full step by step guidance is given as to the proper sentencing approach. Family In private law, the Child Arrangements Programme is to be implemented. The continued focus on seeking to resolve cases by way of dispute resolution rather than court proceedings. Every applicant must now attend a MIAM (Mediation Information and Assessment Meeting) before proceedings are issued, unless the case can be deemed inappropriate for mediation. Once issued, the application will be placed before a gatekeeping judge who also retains the power to direct the matter to be considered for mediation. In public law, the courts are still reverberating with the impact of Re B and Re BS and all case management decisions must ensure that the final plans for children are compliant with these judgments. Further in Re NL (A Child) (Appeal; Interim Care Order ; Facts and Reasons)  EWHC 270 courts are reminded that when reaching Threshold decisions they must reach their own conclusion and not adopt pre drafted facts and reasons. Guidance has now been produced by the Justices Clerks Society and the Magistrates Association to ensure that the judgment of this case is applied. Practically parties are encouraged to provide written details of agreed and disputed facts so that the Justices can identify the matters in issue. The Court has also given guidance for cases involving parents with disabilities (Re C (A Child)  EWCA Civ 128) The case centred on arrangements to be made for deaf parents, however the principles can be adopted to other cases where disability is a factor. Special measures should be considered at the case management hearing and the timetable for the case must be managed to ensure that the parent has an effective and meaningful assessment. An expert may be needed to consider the impact of the person s disability in the particular circumstances of the case and therefore a Part 25 application may be required. Civil The courts are continuing to adopt a robust approach in combatting failures by litigants and lawyers to comply with timetables set by the court. After the amendments to the CPR Overriding Objective and the Mitchell ruling, satellite litigation is spiralling. Consideration is being given to a buffer rule to lessen the impact of the harsh application of the rules allowing parties to agree time extensions of up to 28 days without needing to make an application. The introduction of fees for launching claims at the Employment Tribunal has resulted in the number of claims issued reducing by almost 80%. From May, employment lawyers must ensure that their clients satisfy the new obligation to engage with ACAS in early conciliation. Failure to do so will lead to the Tribunal rejecting the claim. There may be opportunities for lawyers however to offer dispute resolution assistance to clients who would otherwise be unable to afford the fee for a claim.
17 The Legal_Sheffield and District Law Society_May 2014 Legal News Irwin Mitchell chief stands down John Pickering has stood down as group chief executive of Irwin Mitchell and will leave the business after a transitional period. Andrew Tucker, formerly chief executive of the firm s personal legal services division, has taken on the top role. The decision by John, who became group chief executive in 2011, brings to a close a 37-year career with the firm. Irwin Mitchell s chairman Glyn Barker paid tribute to him as a leader and inspiration to the firm as a whole. John said the decision to step down was based on the changing legal sector and his desire for Irwin Mitchell to have a settled senior management in place longer term to drive forward its strategic growth and corporate development plans. He now plans to pursue long-held ambitions for holding non-executive director positions within other businesses. John Pickering He said: This has been a difficult decision for me because I am deeply committed to the firm. I am proud of its growth, development and success, something which has been derived from the hard work of many people over the years. I have always felt passionate about our clients and our service to them and that strong feeling is embodied within the values of the firm. It remains key to the firm s future success. I believe we have created a basis for the future success of the business. It is well placed to take advantage of all the opportunities which will come our way in the near future and to progress our plans. The group will need a settled management team in place throughout this and, therefore, I concluded that a well managed and orderly transition to a new leader was appropriate now and the right direction for the firm to take. Andrew is the right man for that task and I am pleased the board has appointed him. I am confident he can lead the firm to success and even greater things in the future.
18 Society News Top events and CPD dates The Sheffield & District Law Society has lined up some top events for members over the months ahead. First up is clay pigeon shooting on Thursday, June 26, 4pm onwards, to be followed by dinner at the Fox House Inn 50pp. Then, on Tuesday, July 8, it s a Night at the Dogs, where 20 will get you a great night in one of Owlerton Stadium s executive boxes, race card, half a bottle of wine each and a hot and cold buffet. Events planned for later in the year and into 2015 include Wine Tasting at the Wig & Pen (September), another Quiz Night (December) and a Team Building Decorating Day with charity Roundabout (January 2015). Think Changing Rooms with a feelgood factor, refreshments and lunch buffet provided. And, of course, there s the Yorkshire Law Banquet (February 2015). For further details or to book any of these events, contact Elizabeth French at the Society on or In terms of CPD training dates, the following have been confirmed: Wednesday 28th May, 10am 12pm Social Media Use for Legal Professionals Wednesday 28th May, 1pm 3pm Social Media Law Thursday 4th September, 9:30am 10:30am The Office: Strategies for Success (free for our members) Thursday 4th September, 3pm 5pm Time Management and Effective (free for our members) Thursday 11th September, 2pm 5pm Criminal Law and Costs Update 2014 Wednesday 17th September, 9:30am 10:30am Risk Management (free for our members) Wednesday 17th September, 10:45am 11:45am Client Care and Complaints Handling (free for our members) Wednesday 17th September, 1pm 2pm Equality and Diversity Workshop (free for our members) Friday 19th September, 9am 3:30pm First Aid at Work: Employers Legal Duties (no CPD points for this course) Wednesday 1st October, 9:30am 10:30am Conflicts of Interest Wednesday 1st October, 10:45am 11:45am Mortgage Fraud Monday 6th October, 10am 12pm Drafting Contract Clauses Monday 6th October, 1:30pm 3:30pm Client Care Thursday 9th October, 9:30am 11:30am SRA Accounts Rules Thursday 9th October, 12pm 1:30pm Should You Incorporate Your Practice? Friday 17th October, 4pm 5pm Regulatory Concerns for the Legal Sector Tuesday 21st October, 12:30pm 2pm The Coroner s Investigation Wednesday 22nd October, 9am 5pm Management Stage 1 (compulsory course) Monday 27th October, 9:30am 12:45pm Commercial Leases: Getting Your Advice Right First Time Monday 27th October, 1:45pm 5pm Freehold Easements and Covenants: A Practical Approach and Update For more information and updates, visit Opening up new routes to the legal profession Lawyers Caroline Moore and Jonathon Pupius are working with the Sheffield & District Law Society to help graduates and junior members of the profession land an elusive training contract. With fewer firms now offering the contracts, Caroline, from Medical Solicitors, and Jonathon, of John Gaunt & Partners, teamed up with the Society to create the Joint Training Contract Consortium. The aim is to enable niche firms to provide a training contract seat on a shared basis. This means they can have the additional support a trainee solicitor can provide and provides a training contract where there wasn t one previously. More firms are now needed to get the scheme off the ground. Caroline said: I would love to take on trainees but I have the difficulty that we can only offer one seat. There have been discussions with other firms, John Gaunt & Partners, Grayson Willis Bennet and Illet & Clark, with a view to setting up a trainee share scheme. I think this should also appeal to large firms who do not wish to offer all four seats in the current economic climate, but could still benefit from having a trainee in one or more of their departments. Anyone interested should contact Liz at the Society office on or
19 The Legal_Sheffield and District Law Society_May 2014 Comment President s farewell Retiring SDLS President Giles Searby takes a look back over his year of office. In the blink of an eye the AGM comes round again and it is time for me to pass on the chain of office once more. What a year it has been. One thing that soon strikes you as President is the high regard for the office as embodied by that chain. Indeed, at a local civic level I suspect the role is more highly regarded externally than it is within the local profession. I can honestly say that it has been a true honour and privilege to serve as President of the Society. That said, as all past-presidents I have come across say, you are pleased to pass it on once April comes around! The highlight of the Presidential year is undoubtedly the Yorkshire Law Banquet and so it proved again. It was not without its challenges (!) but with some fantastic, last-minute help from Stephen Williams, I think we got away with it! The big winners of the night of the banquet are the charities. The return of the sickly speaker s expenses, along with an added donation, helped boost the totals raised on the night from the raffle, auction and share of profits. All told I am delighted that we have been able to write cheques for 2,500 each to Roundabout and to Rain Rescue, which is a fantastic total, and many thanks to all who attended the banquet and to all who contributed. It was also fitting to be able to mark at the banquet the huge sacrifice made by members of the local profession during the First World War. If anyone has not seen them, I would urge you to come to Law Society Hall and see the beautifully illuminated Rolls of Honour that record all who served during that terrible conflict. As I noted on the night, some 25% of the solicitors and articled clerks who went off to fight did not return. Sadly, alongside the highs there have been more recent losses that have impacted on my year in office. Most notably, the loss of Neil Thompson in June, a loss still keenly felt be me and A quiet moment for Giles at the Yorkshire Law Banquet. More pictures from the event are on the following pages many others. It was some comfort that we were able to come together with the Company of Cutlers and put on a memorial dinner which raised a substantial amount for lymphoma research. Many were also affected by the recent sad loss of Her Honour Judge Shipley. And her eulogy addresses at court on the morning of the Yorkshire Law Banquet were touching and there was not a square foot of space in the court for any more attendees. It was a fitting tribute to such a highly regarded family judge. They will soon be bored of hearing it but I need to thank again those who have supported me through the year from my partner Nicky; the management committee gang of Steven, Charles and Anna and, above all, the office in date order: Rianne & Jim, then Liz & Faye, who have made my life much easier than it would have been. They are undoubtedly the legs kicking like mad under the water as the presidential swan glides by. Above all, it sounds trite to say, but the year has been fun. I wonder if that is a fact lost on those who might consider standing for office. It is great fun. The Committee meetings are always full of laughter and I think a good sense of humour is an absolute must for the SDLS match-making profile! And so to the future. As you will have read earlier in the magazine, the recent AGM saw Steven Dawson elected as our first Barnsley-based President. Steven has been a great Vice President and his election marks the final cementing of the merger between SDLS and Barnsley Law Society some 18 months ago. I am sure you will all give him your support. The last word and the last thank you goes to all of you reading this. I have had great support from practitioners in all types of firm, all areas of practice and not forgetting the local bar and judiciary. We have a vibrant local profession that I hope will continue to thrive and grow, notwithstanding the challenges some face from decisions of central government. Thank you for allowing me to represent you for the last year. I have thoroughly enjoyed it and it is an honour that will remain with me throughout the rest of my legal career. 19
20 The Legal_Sheffield and District Law Society_May 2014 Yorkshire Law Banquet 20
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