CILEx

Reflections of a working mother and CILEx Lawyer

Lisa McConnachie describes how the COVID-19 crisis has affected this chapter of her career.

About the author: Lisa McConnachie FCILEx is a Consultant Residential Conveyancing Legal Executive at Setfords Solicitors.The world has gone bonkers! I think you will struggle to find this defined in any legal dictionary, but ‘bonkers’ is an accurate description of the current climate, I would say. Early in my career, I was taught to speak in language that is clear for people to understand, so here it is: bonkers! See box below for my definition of the bonkers world that we live in at this point.

‘This bonkers world’ defined:
Madness; uncertainty; same storm, different boat; what is normal is questionable; to mask or not to mask?; carrying hand sanitiser is the new lip balm; shops do not want your money (yes, seriously), a tap with your plastic is preferred; handshaking: don’t you dare; fear; worry; a new appreciation of the things we take for granted, for example, toilet roll and milk, parents/grandparents/ family generally, togetherness and going outside; many now realise they like going to work, others are surprised by how efficient they can be working from home … as are their employers!; kindness (this is a favourite of mine; the pandemic has revealed a level of kindness amongst our neighbours and strangers and those who are vulnerable that has, arguably, not been seen on such a wide level, not in this day and age anyway).

Briefer definitions:
Uncertainty; new appreciation; new obstacles; perspective (finding new positives or negatives you did not know existed in your life); kindness! (Hopefully, kindness applies to most people, whether you have been on the receiving end or have been kind yourself. I read a quote I loved not so long ago: ‘Kindness is contagious’, and I reckon it is.)

Professionalism in a bonkers world

My specialism is conveyancing. I’m just over ten years’ qualified, having been a fee earner a few years prior. The partners I worked for brought me up (in the mentoring sense) to give a strong handshake and to smile when meeting a client for the first time (and any time after really). This was professional and this was polite. A handshake was often your first impression too. The new ‘normal’: well, I don’t think any of us quite know what this is yet, but any form of handshake is very much a no-no. And, as for smiling, we have to try harder to smile with our eyes! In many situations a mask is advised, and so we need to continue to adapt and be flexible. It just means we need to find new ways to make a great first impression.

Clients/potential clients and first impressions in a bonkers world

Last week, I was in communication with a potential new client. My son had not returned to nursery just yet, for various reasons which I will not bore you with (we are all sailing the same storm, but not the same boat!), but I was aiming for his nap time to be the best time to call my potential new client. We spoke over text and agreed when to speak. My client asked if 2pm still suited me? I looked at my son and considered him to still be a bit too lively for my liking. I thought, what do I do? I really wanted to speak with this potential client, with no distractions, to give the best first impression of myself.

However, I had this niggling doubt that my son wasn’t going to co-operate this time. So, what did I do? The only thing I could do: I was honest.

Honesty in a bonkers world

While the honest truth was the right thing to deliver, this filled me with dread, and I questioned the lawyer I had become. I felt so unprofessional.

I explained, with honesty, that while 2pm suited me perfectly, my son might decide differently; he was due to be in bed for his nap at that time and I would aim for 2pm, but the time slot may slip slightly.

Either way, I assured my client that I was keen and excited to speak to her about her newly agreed purchase transaction as soon as possible. I sent the text message and felt my heart sink a little. I knew I had done the decent thing, but I thought no way would she now instruct me to act for her.

I felt unprofessional and thought she would perceive me to be unreliable and flaky. I could not have been more wrong. I really did not expect the kind and understanding response I received.

The way I handled a less-than-ideal scenario demonstrated that my approach to my work was honest and flexible, and I didn’t tell lies to cover up the truth. I managed expectations before we got going, and so the client knew what to expect. The client loved this and wanted to instruct me.

I hadn’t really appreciated that the new norm included thousands of working parents who are trying to juggle being a professional in their day job and their 24/7 job as a parent. As my client said: ‘It is now normal to hear children playing, rebelling, laughing, crying, screaming, or singing their ABC’s in the background!’

CILEx Code of Conduct core principles

An extract from the Code of conduct is in the box below. I consider points 2, 3 and 5 to be most relevant to my scenario here. It is easy for us to go about our jobs when our task lists are ever-growing without reference to this code, but actually, it is something we should revisit frequently and often to set ourselves goals for improvement or - better still - to take comfort that we are conducting ourselves in the way we should.

Core Principles

You must:

…

2. Maintain high standards of professional and personal conduct and justify public trust in you, your profession and the provision of legal services.

3. Behave with honesty and integrity.

…

5. Act competently in the best interests of your client and respect client confidentiality.

Conveyancing in a bonkers world

Never has a conveyancer had to be so clued up when it comes to the law of contract. Generally, conveyancing can be fairly procedural, and while some transactions can be quirkier than others, they are fairly repetitive.

Jaxon and I on the swings!Covid, however, has seen many a conveyancer negotiating clauses for a contract to cover a scenario whereby their client (or the other side seller/buyer) cannot move. There are so many influencing factors, but to name just some of the issues: removal company staff on furlough/made redundant; staff at a mortgage company or a law firm on furlough/made redundant; law firms closing down; and clients required to self-isolate and, therefore, cannot physically leave the property they are to sell. All these factors have played a part in many transactions not being able to complete.

Eyes open in a bonkers world

At the beginning of the pandemic, for me, money and finances had never been of such little importance. What really mattered, most of all, was that those I love were safe and well.

For many, myself included, I think this has resulted in a period of reflection: an opportunity to stop in time and take stock of the negatives and positives in our lives, with emphasis on our careers. After all, work is often where we spend most of our time.

I have been reminded of the saying: ‘We are here for a good time, not a long time.’ The pandemic has never made this truer.

The world is your lobster: this is not so bonkers!

As for conveyancing, when disaster strikes the economy, the property market is often the first to suffer. Having been working for a law firm that specialises in just conveyancing, with no other avenues of income, this has never been more apparent. Although it has got me thinking about what kind of law firm and what hours I work suit me and my family, for now anyway (children grow!). There are more options than us lawyers sometimes realise: being a lawyer does not mean you cannot be creative with your career path! Watch this space!