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CILEx President Martin Callan writes:
Over the quarter following the New Year, I had the pleasure of attending a number of branches at roadshows and other events. At the roadshows, it was good to update members on the huge progress made towards our financial and strategic objectives, and the importance of the input of all our members, in helping to shape our future.
Council has continued to invest in CILEx Group and agreed to bold new changes to our Constitution and structure, including changes to qualifications and membership, and - yes - Work-based Learning and portfolios are part of that too, and CILEx Regulation Board is working to improve those processes.
I have responded to, and then fed back to head office, every comment and suggestion made to me, and I should like to thank all those who contributed at the roadshows. I am hopeful that the forthcoming consultation of the membership about the initiatives outlined above will stir debate and responses; the proposals include changes to members’ current rights as well as to the role and function of Council, and its size and appointment process. I believe these changes to be both timely and prudent: the contents of the Competition and Markets Authority paper on the legal services market, and other reports and indicators, point to a landscape for which we need to change.
Chartered Legal Executives have an opportunity to join in and shape CILEx’s restructure and our unique market offering, and upgrade our processes, technology and qualifications/skills for the modern dynamic legal services market. You are the Chartered Institute: please help to shape our future.
I also attended a number of branch events, and continue to be amazed by all the hardworking volunteers across the country. We should all be proud of them, and I am hoping to recognise some of them, before my term ends, with some deserved awards. So, do not forget to nominate your branch committee members when the chance arises. I was particularly pleased by the event in my birthplace, Cardiff, organised by my old ‘South Wales’ Branch as it was back in the days of zero PQE! It was an honour and pleasure to present awards to several student prize award winners (listed below). It was also great to help raise £540 for the charity Dreams & Wishes, which is dedicated to helping seriously ill children by making their dreams and wishes come true. The hard work of the branch committee and, in particular, the branch Chair, Alexis Thomas, is a credit to our members. Thank you Alexis! Over the coming months, our newly appointed CEO, Linda Ford, and I hope to see many of you at branch events. Linda has been with me at many of the roadshows and I am very proud that she has been appointed to the role of chief executive.
The CILEx London branch officially relaunched last month, with an event at Westminster University.
Kate Sutherland, CILEx course leader at Westminster University, kicked off proceedings with a brief overview of the university and of the CILEx branch. CILEx Fellow Sarah Harding, an Associate at BP Collins LLP and current acting chairperson of CILEx London, also spoke about her role in the branch and how she became involved.
An interesting talk was held by Paresh Kathrani, senior lecturer in law at Westminster University, regarding artificial intelligence and its impact on the legal sector. This was very enlightening and gave members something to think about while going forward in their careers.
David Holden, senior divisional manager at Search Legal Recruitment, also gave a talk in CV drafting and finding employment. This thought-provoking address gave members interesting overviews of what employers look for in potential staff and also how to layout your CV to capture the interest of a particular employer.
Sarah Harding and CILEx Lawyer Sharon Akumiah, a legal adviser at Tokio Marine Kiln, then discussed how to make the most of your work experience and how best to present yourself in a law firm, in particular, and the legal environment in general. Members enjoyed drinks to finish off the evening!
Simon Garrod, CILEx director of policy and governance, writes:
The biggest news of the month as you ‘May’ imagine was the calling of a general election, in April, by May, for June. As a result, we expect to see delays in a number of key policy areas, including the Prisons and Courts Bill which has been discussed in detail in previous issues of the Journal (see (2017) April and May CILExJ pp7, 25 to 27 and 44, and pp41 and 42 respectively) and see below.
The pre-election period (or ‘purdah’ as it is commonly referred to), which commenced on 21 April, sees access to civil servants - in both central and local governments - restricted until a new government is established, and no major decisions, policies, reforms or measures can be introduced or implemented unless it is in the national interest to do so.
Consequently, the pre-election period will see CILEx’s work with government and policymakers limited to responding to consultations and briefings that were already scheduled to take place. We are, however, using this restricted period as a chance to plan and prepare for future opportunities to work with the new government and to represent our members and their views to the best of our ability.
The government’s consultation into fixed recoverable costs (FRC) in cases of clinical negligence, Introducing fixed recoverable costs in lower value clinical negligence claims: a consultation, closed on 2 May. In its efforts to cut costs associated with clinical negligence claims and, subsequently, to use the savings to improve frontline patient care, the government hopes to introduce a number of reforms. These include placing limits on the amount of legal costs claimants are able to recover in cases of clinical negligence where the damages sought are between £1,000 and £25,000; how the FRC scheme should be implemented; and how the government intends to calculate the FRC rates.
The consultation also sought views on the extent to which expert witness costs will be included in the scheme, as well as allowing claimant lawyers and defendant lawyers to agree to use single joint experts, who would review the evidence independently.
We at CILEx are very sceptical of the reforms the government hopes to introduce in clinical negligence cases. CILEx has responded to the consultation, and our response can be found on our website. If you would like to offer your views on this or further consultations in the future, please join your relevant specialist reference group. Prisons and Courts Bill Despite the bill passing through the first and second reading stages in the House of Commons, the government chose to withdraw the
in the face of the limited parliamentary time available as a result of the imminent general election. It is almost certain that the bill will be reintroduced following the Queen’s Speech, and may include further additions, including the reforms to personal injury discount rates.
Despite the withdrawal, we will continue to work on our research and subsequent position on the reforms in the hope of ensuring that CILEx and our members’ views are taken into account when the bill is, once again, submitted to parliament.
Good progress is being made in relation to CILEx’s governance review (see ‘CILEx unveils governance reform plans’ (2017) April CILExJ p42). The new corporate structure, approved by Council in January, will go live in January 2018. This will enable a clearer framework from which we can discharge our various roles in a more transparent and accountable way and will provide greater focus around the activities of each CILEx company. The Group Board will have the public interest at its heart, and will set the strategy for the collective group of CILEx companies; the Professional Association Board will provide greater focus on the member interest and the development of new member benefits and services. A new Group Services company will provide support services to the Professional Association as well as CILEx Regulation Limited and CILEx Law School on a contractual basis.
Recruitment of key positions within the new structure is underway, with Linda Ford having been appointed as CILEx chief executive officer in May and recruitment for the CILEx Group chair position running over the summer. (See also page 4 of this issue). The new process for selection and appointment of board members into the new structure will be discussed and finalised at the July meeting of Council. There will be much to discuss, and we want to hear members’ views.
Specific events and information will regularly be made available for members, in the coming weeks and months, to set out the background and rationale for the changes. We will survey members to better understand key priorities, your thoughts in respect of regional representation and how we can better support and develop the branch network. After hearing from you, we will consult on the changes that need to be made to our Charter and Bye-Laws in order to enable the new structure, and to support the Institute for the future. If you have any initial thoughts and questions on any of this now, please e-mail us at: cilexpolicy@cilex.org.uk.
A number of improvements have been made to the current and future workings of the CILEx Benevolent Fund. Not only is the application form being redeveloped to make applying to the fund more user-friendly, but a recent agreement reached with Auriga Services Ltd means that applications will be reviewed by those with expertise in the field of financial management. Recommendations will be made to the Benevolent Fund’s trustees, and Auriga may also offer debt management advice to those who apply to the fund, if appropriate.
The CILEx Pro Bono Trust is also improving the ways in which it supports members by reviewing the Trust’s website and looking into ways to interact effectively with key employer accounts in the future. Work on a volunteering handbook, which will provide members with guidance on undertaking pro bono work, is also underway.
Specialist reference groups exist to make it easier for you to offer your views and expertise on the issues affecting your practice area. Not only can we assist you by updating you on recent changes and any issues impacting your area of practice, but the specialist reference groups are also there to support CILEx, ensuring that our members’ views are taken into account. Our list of active groups includes Conveyancing, Personal Injury, Court Users, Regulatory Affairs, Wales, Civil Practitioners, and Lesbian, Gay, Bisexual and Trans.
We are also proud to announce the launch of our new Family Practitioners, and Criminal Practitioners specialist reference groups. Details of these groups, and how you can join them, are available on the CILEx website, or alternatively you can search for ‘CILEx specialist reference groups’.
Roger Ralph, the CILEx Council member for the Midlands and East Anglia, writes:
I pen this article as I have been asked to write about my experiences of the judicial appointments scheme. To me, applying for a judicial appointment was the next logical step in my career as a Chartered Legal Executive. Fellows of the Chartered Institute became eligible, among other career opportunities, for first-tier judicial appointments by virtue of the Courts and Legal Services Act 1990, now superseded by the Legal Services Act 2007.
I was a career police officer before I took up a second career in law, taking the then ILEX examinations by attending night school at the University of Westminster. I qualified as a Fellow in July 2007, and went on to qualify as a Chartered Legal Executive authorised to appear in criminal proceedings.
In June 2014, I undertook the two-day 'Understanding judging roles, skills and challenges’ course run by University College London (UCL) Faculty of Laws in London. The course cost £500, although interested parties on low incomes could apply for a bursary to cover the cost. To anyone contemplating a judicial appointment, I would say that this course is a must.
I arrived to find a whole group of people from all levels of society, ages, abilities, ethnic mix and backgrounds. My background was criminal law. To make things interesting, our class was given ‘something out of your comfort zone’. Our task for the course was to act as a tribunal judge in the case of a person appealing against the refusal of disability living allowance. Once the class had been given a thumbnail sketch of the qualities required of a judge and a broad outline in ’how to’ assemble relevant evidence to judge a particular case, the group was given a set of case papers. Out of those, we were required to write a summary of relevant evidence from the prosecution and the defence to be able to give a reasoned decision on the facts, one way or the other. Then - and this was the fun part - we each had to give our 'judgment' in front of the other members of the group, who were free to comment on the performance. The ‘judgment’ was recorded on video, strictly timed, and assessed by the class moderator. The course ended with a ‘question-and-answer session’, with the class moderators and judge facilitators who ran the course. I found it invaluable.
The UCL course was followed by a short period of ‘work shadowing’ a tribunal judge of the First-Tier Social Entitlement Chamber (District Judge Mrs J Ward, who sat at the Maidenhead and at the Watford Tribunal Hearing Centres). All cases were listed as ‘employment support appeals’ The venues and proceedings were interesting: the district judge sat with a medical practitioner to hear appeals against refusal, by a government agency, to grant employment benefits in their various forms.
The judicial post I remained interested in was that of deputy district judge. I passed the Law Society Criminal Litigation Advocacy Scheme examinations to become a court and police station duty solicitor in May 2015, so I had a good grounding in criminal law. No deputy district judge or district judge vacancies existed at this time. Thus, the only disappointment I have experienced in this judicial journey is that the mandatory retiring age for judges is 70. As a successful applicant for any judicial post is expected to serve five years after appointment, I now find myself age debarred. However, the experience has made me a more effective advocate. For those of you thinking of applying for a judicial post, my advice would be to ‘Go for it!’. The judiciary is crying out for diversity: Chartered legal Executives are up there with the front runners!
Katy Ferris, the then year-one law lecturer at Huddersfield University, provided practical study and revision hints and tips in a series of columns (see (2016) August-December CILExJ pp41 and 42; 44 and 45; 45 and 46; 42 and 43; and 48 respectively). The key benefits of the strategies are summarised below:
Strategy 1: A method of working through modules of study
By reading and understanding the law, and gaining experience from answering questions from those examples provided in the textbooks or online, you will gain confidence in how to use your legal knowledge to tackle real-life legal problems.
Remember, regurgitating facts you have learned may be an effective short-term measure that assists in passing examinations, but this approach will likely lead to you making potentially costly professional mistakes once in practice.
Strategy 2: Identifying key terms
In an exam, this strategy will help you to quickly recognise what you are being asked to do and will communicate to the exam marker that you are familiar with and adept at using the correct terminology in a particular field.
Strategy 3: How to answer ‘law’ exam questions
Adopt a three-step approach when answering law questions:
The three-step approach helps you - in your study and revision - to get into the habit of making sure that you have learnt sufficient material, and know how to present it clearly. By following this approach, you will pick up marks in a logical fashion for the knowledge you have.
Strategy 4: What the assessor is looking for and how to make sure you give it to them
The easier you make it for the assessor to be able to follow the work and find any references cited, the easier it is for them to give you credit for the work you have done. Higher marks will usually be awarded to students who are selective of the materials presented and concise about the answer provided rather than writing down everything they know.
You will need to adopt different styles for problem-based (scenario) questions (where a situation is outlined and you are asked to advise the parties about their legal position) and essay-type questions which require an analysis of a legal position or statement. The following are useful guides for the collection of appropriate materials and their presentation: use of legal materials; the quality of research materials; reference to literature; presentation of sources; and answer the question.
Strategy 5: A rehearsed performance
Practice will help you to develop your time-keeping skills for exams and overcome any poor time management issues down to lack of familiarity with the paper format and nerves in the exam setting.
Chartered Legal Executive and conveyancing practitioner, Anne Emmerson, has just joined the 20- strong team at the Sheffield-based law firm Wake Smith. Anne brings 32 years’ experience to her role as a residential conveyancing director, and she takes on a remit to oversee the operational side of the residential property department.
As a domestic property conveyancer, Anne’s experience includes handling large-volume caseloads covering new-build developments, matrimonial equity transfers, remortgages, equity release schemes and sales/purchase transactions.
Anne said ‘I am very pleased to be able to join the team at Wake Smith after many years of respect for the company during my previous roles within the Sheffield legal sector. Stepping into the new offices at Velocity demonstrates how the core values of the company have brought it success and growth.
‘Having a new set of challenges is very exciting, I am used to overseeing large teams, so integrating with everybody and focusing on the operational side of residential property plays very much into my skills set.
‘This is a great working environment, and although Wake Smith have embraced and invested in all of the IT case management and update/ monitoring systems which provide information to both our clients and referees via electronic medium, they have retained and stood by the respected traditions of always being available to see and speak directly to our clients to provide them with a personal and professional service.’
Amanda Cowley, another director in the firm’s property team, is also a FCILEx.
Barking and Dagenham is set to be the first London Borough Council to hire two solicitor apprentices into its inhouse legal service. The council will also be recruiting a paralegal apprentice. The apprentices will all be recruited for a September 2017 start, ideally targeting young people in the borough’s schools who are undertaking A levels in the summer. The solicitor apprenticeships will be delivered by City University of London, in partnership with CILEx Law School (CLS), and the paralegal apprenticeship by CLS.
Noel Inge, managing director at CLS, said: ‘As well as giving local young people an opportunity to develop a law career, these three apprenticeships will assist Barking and Dagenham Council in meeting the public sector apprenticeship target. We look forward to assisting the legal team with the recruitment and training of these young people commencing in September.’