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myCILEx provides you with information on the work CILEx is doing on behalf of its members.
For the latest branch events in your area, visit: www.cilexbranches.org.uk

Going to the polls

CILEx CEO Mandie Lavin reflects on the importance of exercising voting rights and preserving the protections of a democratic society.

As a child, my mother was passionate about voting. She taught me that this was a hard-won right for women and that my duty, as a responsible citizen, was to educate future generations about this and to act as a role model by always voting. On voting day, she dressed up and always went to the polling station with my father, leaving him in no doubt about the position of women in society and the strides they were making. My mother held deep beliefs about this, and told me that voting would preserve the sacred liberties of a civilised, equitable community and ensure that even the most vulnerable were protected.

These principles seemed to me to be high ideals on a Thursday evening in early May, in Twickenham, as I arrived home from a hectic day. As I fell into a t-shirt and some tracksuit bottoms, trying to find the energy to get myself down to the local polling station seemed like an inordinate challenge.

Having arrived there, I was truly amazed! Where did all these people come from? I met a neighbour, who I thought had died many months beforehand, and was humbled to find that she had lost her daughter to breast cancer at 38 years old, only two months ago; I promised to pop in for some tea in the next few weeks. I reestablished contact with a lady who had been a valued friend, and who had also eaten several dreadful cakes that - in her younger years - my daughter had insisted on distributing.

Then there were the familiar faces - arriving in gym gear - who I regularly saw pounding the streets, running in and out of the polling station at high speed making it seem much like a ‘drive-through’ voting experience. (How I aspire to join that club; however, this is still work in progress, with an urgent case review required soon and some key dates needing to be set for a progress report and to avoid a wasted costs order or some other penalty!)

Back to the polling station: my 93-yearold neighbour arrived with her polling card, proudly announcing that she had never missed an election; the diversity of the world could be seen in its full glory, ie, harassed mothers, tired accountants, and executives who had fallen off trains into the local public house and, having left the hostelry, had decided that politics was - all of a sudden - very important. The latter group, having realised that they had no idea where their polling card or local polling station was located, were busily phoning home for inspiration.

We had the local neighbourhood watch group, and the book club of alleged disrepute (there were rumours that they had Fifty shades of Grey on their reading list!) . I met students from the local college: teenagers who were reluctant and shy, and slightly daunted, at the prospect of voting for the first time; one even had to be given some biscuits by an official to enable them to have a sufficiently high blood sugar level to be able to perform the task.

I met a neighbour whose hair always looks amazing, and another who had spent several hours getting ready to vote as she was a film extra and hoped that her star potential might be spotted! And my neighbour of eight years, who I had always called Steve, had the bravery to tell me his name was, in fact, Simon. Then the man with the handmade car arrived (I had watched him on our local highways, wondering if it would just fall apart one day, but it never did). I felt embarrassed when I found out he worked in Formula One racing. Another elderly neighbour, who was quite physically frail, arrived with his carer, and his look of determination confirmed the spirit of wartime, namely, dealing with adversity and demonstrating the ultimate resilience.

And volunteers were present in abundance, and I could not help but wonder where they all were when I needed help at local fundraising events. If I had been of sound mind, I would have captured all their details and formulated an invaluable database. That evening the local area was flooded with people knocking on doors reminding us to get out and do the business of voting, and others who were happy to help drive the elderly and infirm to the ballot box.

A local yoga group arrived to inject karma and peace into the proceedings before their class. Then a band arrived with all of their instruments, and a man appeared with four dogs and what looked like a miniature alpaca.

As for the candidates: there were persons standing for animal welfare and for equality; those with green credentials; and a House Party party; a One Love party; and even someone called Prince.

What is it about responsibility and accountability that get the sick, frail, young, old, busy, idle, stressed and weary - and people from every walk of life - trying to find time to adhere to democratic values by going into a small booth with a pencil and a voting slip? And then there were questions, what will be the turnout? Should the voting age be lowered to 16? Did the Scottish referendum make a difference to how we perceive the power of voting? And what about the EU referendum? What about the US presidential selection process? Is it in need of reform?

At the polling station, I saw the elated, the privileged, the disgruntled, the stressed, the tired, the bereaved and, finally, the dedicated volunteers who were going to have a very late night and then perform the count.

So, how does this relate to CILEx? Well, we need council members, we need thriving branches and a vibrant membership: come on, stand up and be counted!

FCILEx spots ‘incorrect’ advice on official website

When a client asked George Neal FCILEx, of Dodds Solicitors LLP, about information he had read on the government’s website about when people pass away without a will, George, with over 30 years’ experience in the field, quickly recognised that the government’s website was actually incorrect, and set out on a mission to get it amended.

The flowchart on the government website stated that a child could receive a share of the deceased person’s estate, where the deceased person had a parental role to that child. The flowchart stated that step-children are not included within the definition of ‘children’ who can inherit under the intestacy rules, but contradictory wording, ie, ‘any children where the deceased had a parental role’ , existed on the very same page. This could have led to significant confusion for people seeking clear advice, and potentially people making the wrong decisions for their individual situation.

After speaking with the Probate Registry, which agreed that the government’s wording was incorrect and misleading, it was confirmed that registry staff would contact the relevant people within the government to request that the wording ‘any children where the deceased had a parental role’ be removed.

George Neal said: ‘Nowadays people turn to the internet for information on many legal matters. But this example shows that even official sources can be out of date or incorrect. I am just pleased to have been able to get the government to update their information’ .

CPD FAQ

Q: What is ‘Professionalism’ and why do I need to do it?

A: Professionalism is an outcomes-based activity, and this means that it requires you to reflect on and evaluate the benefit a CPD activity has. For Professionalism, we ask that you focus on a particular area or skill which is required to ensure competency in the workplace. As we feel that it is important for members to consider these skills each year, we have made it compulsory that members who are required to complete CPD, log at least one Professionalism outcome every year.

Professionalism is an umbrella term for a number of different activities. It can be consumer focused, such as refreshing your communication skills; reviewing your time management; or gaining awareness of particular issues that may affect your clients.

Alternatively, Professionalism can be compliance related, for example, refreshing knowledge in relation to anti-money laundering; data protection; or complaints handling. In short, an activity could be considered as Professionalism provided it helps you to develop and maintain your standards as a professional person, but does not necessarily focus on a specific area of law. (See also ‘Essex branch CPD seminar’ on page 44 of this issue.)

If you have any questions about Professionalism, please e-mail : CPD@cilexregulation.org.uk

Tell your friends about the CILEx Benevolent Fund

Simon Wells, lay trustee and vice-president of the CILEx Benevolent Fund, writes:

One of the issues that faces CILEx Benevolent Fund is that awareness of our charity; who it can help; and how it can help them are all much lower than we would like. So, we have a simple request to make: please talk to your colleagues about us. Perhaps start up a conversation about how you read this article in CILEx Journal when you are having coffee one day. The very fact that you perhaps did not know that we existed could be a good way to raise the subject.

You could talk about who is eligible for help, ie, people who are current or former members of CILEx and their dependants. And you could discuss how we can help, which is with any financial difficulty except for the following: membership fees; student course fees; the costs of joining CILEx; discharge of outstanding judgments; HM Revenue and Customs tax bills; and individual voluntary arrangements or bankruptcy.

It is only by the Benevolent Fund becoming part of members’ everyday dialogue that we will start to create the momentum which we really need, and build our profile and generate an increased number of applications for help. The ideal future situation would be that if a CILEx member finds themselves in a degree of financial hardship, they would automatically think of us.

Part of our medium-term planning is to create a structure to make this happen in a more formal fashion, ie, to have a CILEx Benevolent Fund ‘ambassador’ in every branch and every large firm. They would keep members abreast of our activities and act as a first point of contact for anyone who wanted to find out more about our services.

However, until then we are very much reliant on the goodwill of members and others to ensure that as many people as possible know about the charity and the support we offer. Our belief is very much that unforeseen circumstances mean that anyone could find themselves in financial difficulties , and the help we provide can be essential in assisting people to keep their lives on track. But we can only provide that support if those people know about the Benevolent Fund and approach us. If you have any questions about CILEx Benevolent Fund please get in touch.

Working from home

Studies have shown that 80% of employees consider working from home a job perk; one in four people would accept a reduction in salary if it meant that they could work from home; and remote workers are 13% more productive and take fewer sick days than their office-based workers. Add in the benefits of saving time and money on the commute (for the employee) and freeing up oÿce space (for the employer), it might seem surprising that only 14% of employees regularly work from home.

Part of the problem may be the issue of trust. Although 75% of managers claim that they trust their employees to work from home, it seems that partners and supervisors who have made the effort to come into the office expect their subordinates to do the same.

Phil Flaxton, chief executive of Work Wise UK, says: ‘The fear factor for many managers is: “If I can’t see you, how do I know you are working?” Managers need training on how to assess a homeworker on their output, not their input.’

Working from home is not for everyone however, even where it is possible in the legal profession (and in many client-facing , high street firms it is not). Drawbacks include not being able to consult and brainstorm with colleagues easily, and the temptation to work when you should not, blurring the lines between work and leisure. Those with young families should also be aware that homeworking is not an alternative to competent childcare.

Many employees also worry that if they work from home they are out of sight, and therefore out of mind: if they are not showing up in the office daily, they could be passed over for promotion or seen as less committed. Others thrive on social contact and the water-cooler moments which keep them connected with colleagues.

For those who have the opportunity and the desire to work from home, five simple tips can help make it easier.

New taskforce tackles lawyers’ mental health issues

A new cross-profession taskforce to promote and support mental health and wellbeing in the legal community was launched at the start of Mental Health Awareness Week, which ran from 16 to 20 May.

The Legal Professions Wellbeing Taskforce was initiated by the Law Society and is driven by LawCare, a charity which provides support to the legal community (see also page 40 of this issue). The taskforce brings together representatives from legal professional and educational establishments, those with legal expertise and knowledge of the sector.

Fourteen partners, including CILEx and CILEx Regulation, have pledged allegiance to the taskforce. The Law Society, LawCare, the Solicitors Regulation Authority, the Institute of Trade Mark Attorneys and the Bar Standards Board are among other taskforce partners.

Commenting at the launch of the taskforce, Elizabeth Rimmer LawCare’s chief executive, said. ‘The Legal Professions Wellbeing Taskforce will bring representatives together to identify areas where collaboration will be beneficial; identify mechanisms for establishing and sharing best practice; identify how to improve the perception of mental health and wellbeing, and address stigma as a barrier to accessing support. We also need to consider how those in need of support can find it and trust it but, overall, we are keen to develop tangible actions and solutions.

Walk to support access to justice!

Can you help your region’s Legal Support Trust to provide access to justice for poor and vulnerable people? If so, sign up for one of many sponsored Legal Walks to help people in need.

CILEx will be supporting the afterwork walks, which will be led by senior members of the judiciary, local law societies, the Bar Council and by national figures in the legal world. You and/or your colleagues can help to raise funds for local advice services by signing up - as an individual or a team to walk - to raise money to support access to justice. (See also page 8 of this issue.)

Details of upcoming London Legal Support Trust fundraising activities and events will appear in future issues of the Journal.

To contact your regional walk organiser and register as a team or an individual, visit: www.cilex.org.uk/pdf/LegalWalks-2016.pdf

Natalie Woods named Wales’ CILEx student of the year

Natalie Woods, who is a CILEx Level 6 student, was presented with the award at The St David’s Hotel & Spa in Cardiff after she gained a distinction and a merit in two of her legal examinations. Natalie, who works in Watkins & Gunn Solicitors’ Cardiff office , joined the property department in 2014. Since then, she has been studying with CILEx alongside her day-to-day role handling conveyancing files. Natalie will qualify as a conveyancing practitioner at the end of 2016.

Natalie said: ‘I was completely shocked when I found out. This award was an honour and a privilege to receive, and something that I will always treasure. Everyone at Watkins & Gunn Solicitors kept it a secret so that it would be a surprise on the night. It was so lovely that they had put so much thought into it and gone to so much effort.

‘I was the only candidate who didn’t know that they would be collecting an award on the night. They even made sure that no programmes were on our table so I wouldn’t see my name before it was announced.

‘Watkins & Gunn have been brilliant. The firm really encourages development of their staff and the support has been invaluable. I was granted study leave and days off for my exams to help me prepare, as the team takes staff development very seriously.’

Lynne Squires, development manager at CILEx, said: ‘Natalie worked hard throughout her studies, taking full advantage of this opportunity and showing dedication to revision and coursework whilst also working full time at Watkins & Gunn Solicitors. She gained a distinction and a merit in her Level 3 exams last year, and we are very proud of her achievement.

We would like to thank Watkins & Gunn for supporting Natalie throughout her studies.’

FCILEx scoops Brum Law Society accolade

Andrew Verlander FCILEx won Chartered Legal Executive of the Year at the recent Birmingham Law Society Awards. The award recognised Andrew’s continued achievements and ongoing contributions to the profession and to the success of West Midlands firm FBC Manby Bowdler. Andrew is head of the residential landlords team, and in 2010 became an associate of the firm.

Andrew told CILEx Journal: ‘It is an honour to receive this award after working 38 years in the law, and I hope it shows student Chartered Legal Executives what they can achieve.’

Somerset branch curry and quiz night success

Branch members would like to give a huge vote of thanks to Sally Lowe from Milford Dormor for organising a curry and quiz evening in Ilminster on 5 May. The event was well attended and very successful. Many congratulations to all of the teams!

Prizes were awarded to the first three teams as follows:

Essex branch CPD seminar

The Essex branch committee held a CPD seminar at Anglia Ruskin University on 20 April. This was a great networking event, with Chartered Legal Executives, trainees and students from many firms throughout the area attending. The seminar also provided an informative update explaining many of the tricky aspects we are faced with when submitting our CPD.

One of the main areas that was highlighted as a concern for many was the Professionalism element (see also ‘CPD FAQ’ on page 39 of this issue). It was explained, within the seminar, what steps can be taken to satisfy this requirement, and usefully the seminar itself was adequate to fulfil this requirement.

We would like to thank Michelle McCanna, CILEx course leader at Anglia Ruskin University, for her hospitality and for providing the accommodation and the evening’s refreshments.

Pride 2016: join the parade

On Saturday 25 June 2016, thousands will gather in central London to celebrate Pride 2016. Once again, CILEx members will march along with solicitors, barristers, paralegals, friends and family to mark the occasion.

This year’s Pride theme is ‘#nofilter’ to emphasise that no one should have to live their life pretending to be someone they are not. The legal profession is joining in with the theme with our message ‘#lawwithnofilter’ - all are equal under the law. We want you to join in and march alongside us!

 

The citation for this Journal is (2016) June CILExJ. © CILEx 2016 ISSN 2050-0580. The 2016 subscription rate for the CILEx Journal for non-members of the Chartered Institute is £80 per annum UK; from £120 overseas. Single copies £6.95 including postage.

The CILEx Journal adopts an independent and inquiring approach towards the law and the legal profession. It is published for the benefit of members of The Chartered Institute of Legal Executives and therefore aims to keep them properly informed of developments in the law and legal practice. As part of this objective, CILEx Journal will act as an authoritative source of information on Chartered Institute activities and policies. From time to time CILEx Journal could cover controversial issues. The editor shall have the final decision on matters of editorial policy or content but always strive to preserve and to enhance the good name of the Chartered Institute and its members. The views expressed should be taken as those of the author only unless it is specifically indicated that the Chartered Institute or CILEx Journal has given its endorsement. Neither CILEx Journal nor The Chartered Institute of Legal Executives accept liability to any party for any error, omission or misstatement by any contributor in any material published herein.

Study area CILEx Recruitment