myCILEx

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CILEx’s exclusive members area

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

 

What’s new for branches?

Louise Turner, CILEx’s membership manager, writes

There could not have been a better introduction to my new position at CILEx as membership manager than meeting all of our branches at this year’s Branch Personnel Day on 22 July 2016 as well as our newly appointed President Martin Callan (see also page 6 of this issue).

CILEx branches are such an important network. They are out there meeting our members, potential members, students and employers, and raising the profile of the CILEx lawyer; we cannot thank the branches enough for their dedication. The Branch Personnel Day began by reflecting on what branches told us last year, and looking at how we have moved forward in our plans to support branches in the important work they do. Some of the changes and improvements we have made for branches include the launch of our new membership contact centre, which provides a one-stop-shop for giving advice and support to members and branches.

We have also been developing the support and services we can provide to branches and our members in completing their work-based learning application for CILEx Fellowship. Following the success of a pilot scheme, a webinar talk given by Kirsty Hier, our centre and membership support oÿcer , shall soon be available to guide our members through the application process: watch this space!

We are looking really closely at how we and branches communicate with our members. The branch microsite (at www.cilexbranches.org.uk) gives you direct access to all branch information. This microsite tells you where to find your local branch; what events your branch has planned; who is on the branch committee; and how you can join.

Over the coming weeks, we hope to enhance the information on the microsite in consultation with the branch committees, so please keep an eye on what your local branch is up to by visiting the site regularly.

The branches are a valuable resource and support to their members, providing CPD, mentoring and career development opportunities. If you haven’t already joined a branch, perhaps you will now get in touch with your local branch and find out how they can help you.

Alexis Thomas, who won this year’s Branch Member of the Year award and is chairperson of Cardiff and South East Wales branch, commented: ‘I always find the personnel days positive and helpful, and this year’s personnel day was particularly helpful. There are always lots of key topics for discussion, and this year’s topics included work based learning; the new membership contact centre; and the branch microsite and more. I had the opportunity to discuss these topics, raise any queries, and put my ideas forward. As branch chair, I am often asked about topics such as work-based learning, so having the knowledge from these days helps me to give support and guidance to the branch members. 

I also had the opportunity to meet the CILEx HQ staff and other branch chairs, giving us time to discuss our branch activities and plans whilst supporting and helping each other. Overall, I thought the day was a success and very informative, which was helped by the excellent turnout and planning of all the teams involved.

 

Civil courts review: final report assessed

Maria Seale, interim advisor to CILEx, writes:

We have seen much commentary since Lord Justice Briggs published his final report on 27 July 2016. In March 2016, CILEx responded to his interim report, which was published in January 2016. Both reports suggest a three-stage approach within the court system:

This three-stage approach, with a reduced need for lawyers, forms the foundation of the proposals, which combined with better, more userfriendly rules and court procedures that cut through unnecessary steps and allow quicker, easier case processing, is an achievable outcome.

Access to justice

The ability to enable access to justice through the use of online courts for lower value, simpler claims is supported by CILEx. At a time when there is a great deal of unmet legal need and there has been a rise in litigants in person, the ability to navigate the complexity of the current system can be a deterrent to those who need to pursue claims. The recent increase in court fees also has the potential to deter claimants from seeking justice.

The court closure programme and previous reductions in legal services highlight the need for a strategy to address fundamental access to justice issues. We hope that the use of other local public buildings and venues will ensure that justice continues to be done, and is seen to be done, in local communities. Working examples of the proposed visiting nature of tribunals and courts can be seen in the healthcare regulation field, where many of the statutory healthcare regulators use hotels and public buildings for fitness to practise hearings, sometimes for cases of long duration.

The online court

The development of online tools will enable better online navigation of what to do and how to get issues resolved: cases can be resolved without court, but with justice. The court system needs to be accessible and easy to use, so radical changes are required to rules, processes and information.

In the civil courts, lessons can be learnt from the ombudsman model and the experience of other jurisdictions. There is a real need for court forms in plain English and for flowcharts to describe the pathway that a case may follow.

In the process of moving to a paperless court, special attention will need to be given to information governance, audit trails and disaster recovery. These factors will be influential in assuring the public that the system is robust and dependable.

Case officers

The independence of the case officer role may be called into question. There will need to be absolute clarity about the limits of their authority, and also quality assurance of their decision-making procedure. The extent to which there will be judicial oversight has been considered.

However, the semi-judicial role of a case officer highlights the need for legal knowledge, for which a CILEx Fellow is highly qualified. The intention to minimise the extent to which judicial time is being used, in areas where judges are not necessarily required, is a practical solution to the increase in demand for court services. The training and qualifications of the individuals occupying these posts will be crucial. Unless they command confidence and are viewed with authority and respect, the case officer role will not work.

As at January 2015, 55% of CILEx members had a younger profile (ie, aged between 18 and 39), and our Omnibus Survey in 2015 suggests that, increasingly, they are using information technology in their practice.

In every aspect of our lives, technology is making a difference. There may, however, be emotional barriers to these changes. For example, should it be a human process at all, or should there be a formula that is populated and then a result arrived at? Again, the experience of delivering clinical pathways in healthcare settings should inform this work. Such questions are fundamental at a time when the Courts Service is charged with saving money and clients are seeking resolutions and remedies without massive financial outlay.

 

CILEx students gain employment at Linklaters LLP

Megan Hopper and Alice Hooley have just completed the CILEx Level 3 Diploma for Legal Secretaries qualification, and have been offered full-time employment as trainee legal secretaries at Linklaters LLP, in London.

Megan Hopper said, ‘I do not think I would be about to start an amazing job at Linklaters without the help from North Kent College. I hugely appreciate the support given by the college in helping me achieve my dream job, starting my career in the best place possible.’

Alice Hooley. ‘Without the work experience placement which I received from college, I would not have had the opportunity to experience Linklaters. With the help of the college, I have got my dream job there and am excited to start my career as a trainee legal secretary.’

 

FCILEx win conveyancing awards

Two CILEx Fellows won accolades at the Modern Law Conveyancing Awards in July. Janine Edwards, head of property at Watkins & Gunn Solicitors, and Laura Matthews, compliance and training lawyer at Countrywide Conveyancing Services (CCS) (pictured), were presented respectively with the Conveyancer of the Year award and the Rising Star of the Year award at the ceremony in Liverpool.

Janine Edwards said: ‘I am thrilled to have won Conveyancer of the Year. It has topped off what has been a great year for my department and my firm as a whole. Watkins and Gunn are forward thinking, and the partners provide the consistent support to enable staff achieve their goals. I hope the award encourages all students and members (including the students at our firm) of CILEx to reach for the stars because anything is achievable.’

Laura Matthews triumphed over some very tough competition by demonstrating exceptional client service; high levels of skill and technical ability; a flare for innovation and championing best practice; and showing initiative in challenging situations.

She said of her success: ‘I was absolutely delighted to win the Rising Star award, but just as pleased to have been nominated by my colleagues, which means a huge amount. CCS offers a supportive working environment and unique opportunities for development which are not often found at other legal firms, and I am sure that this has contributed towards my success.’

 

STEP Sussex appoints FCILEx as chairperson

Philip Warford, managing director of Sussex law firm Renaissance Legal, has been appointed chair of the Sussex branch of the Society of Trust and Estate Practitioners (STEP), which is a professional association for experts in the fields of trusts and estate planning. STEP Sussex branch, which was established in September 1991, has over 220 members, principally from legal and accountancy practices.

Philip Warford said: ‘I am proud and delighted to be taking over the mantle from Scott, who has steered STEP Sussex on behalf of its members so well through hard economic times. At Renaissance Legal, my team and I work with families of all shapes and sizes and help them plan effectively for the future with a truly bespoke approach. Our fellow STEP members in Sussex share this commitment to excellence in advice and service, and in taking on the chair role, I am looking forward to working with and supporting the leading trust and estate professionals in the region.’

 

CILEx Pro Bono Trust: meeting legal needs

Peter Farr, a trustee of CILEx Pro Bono Trust, looks at why the need for pro bono legal services is greater than ever.

There are many motivations for CILEx lawyers and students in considering offering their professional skills pro bono. The most common is a simple, but very commendable human wish: wanting to help others and to use expertise and experience to help people in great need of assistance.

What is the scale of unavailable legal support in our society? It probably cannot be fully measured, but some recently published research has given us a glimpse through the shadowy haze. The Legal Services Board (LSB) publishes regular research reports, tracking the ways in which people try and tackle their legal problems. The latest report, Online survey of individuals’ handling of legal issues in England and Wales 2015, a survey of over 8,000 adults, which was jointly commissioned with the Law Society, underlines the depth of the challenge.

The findings include the following:

The survey provides a fascinating snapshot of unmet legal need, and also illustrates that a large proportion of the assistance needed is not in complex or highly specialist areas of law: it is help with common problems. It shows, alarmingly, that for many people there is a sense that there is no point attempting to seek redress: the legal system appears too difficult, alien or costly to approach.

For those who did seek, and manage to obtain, legal help though the satisfaction levels were good: 78% of respondents were satisfied with the quality of the advice they had received, and 65% were satisfied with how their issue turned out.

The research has illustrated what we all instinctively felt: there are a huge number of people in England and Wales who need assistance with their legal problems.

You can make a difference

Pro bono cannot (nor should it) meet the perceived level of legal need identified in the LSB’s report. Need of such scale should, arguably, be met by some other form of intervention; however, it is an immensely rewarding way in which you can - with your legal expertise - do something to help those in most need in our society.

CILEx members who are interested in offering pro bono services can contact their local citizen’s advice bureau or law centre, which can direct individuals to pro bono providers, such as LawWorks or the Bar Pro Bono Unit (whose members welcome support from CILEx lawyers). At present, CILEx does not offer a direct service to assist the public; however, the Chartered Institute and CILEx Pro Bono Trust are very keen to encourage and assist volunteers.

 

Strategies to consider adopting in your studies

Strategy 2: Identifying key terms

In this column, Katy Ferris, a year-one law lecturer at Huddersfield University, will provide practical study and revision hints, tips and strategies:

Establish a list of key terms: they can be those presented in the books that you are using from, or from your tutors. Refer back to them regularly so that you get to know, by rote, the ones on the topic you are revising.

A good source to assist new law students is The A to Z guide to legal phrases, which was written for lawyers to help them explain legal terms to their clients. The guide may also assist budding lawyers to understand the terminology used in their studies. It is available at: http:// tinyurl.com/hvcj59e

Examples of key terms:

BENEFIT OF STRATEGY 2
In an exam, this strategy will help you quickly to 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.
 

Correction

CILEx Benevolent Fund: we need a new trustee

In (2016) August CILExJ p38, the contact e-mail address for prospective CILEx Benevolent Fund trustees to ask for more information was incorrect. Could applicants please resubmit their details to: info@cilex.org.uk 

 

Devon branch WBL workshop ‘a great success’

Kirsty Hier, CILEx centre and membership support officer, writes:

To qualify as a Chartered Legal Executive Lawyer, members who have achieved the mandatory academic qualifications must make an application for Fellowship via ‘Qualifying Employment’ and the ‘Work Based Learning’ scheme.

CILEx members who have gone through the Fellowship application process have informed us that the application was a daunting, diÿcult and often frustrating process. In response to this feedback, we designed guidance, in the form of a workshop, to provide our members with an overview of the application process including aspects such as the eligibility criteria, application procedure, fees and timelines.

On 14 July, the first work based learning workshop, organised by the Devon Branch, was held in Michelmores, Exeter. The workshop attracted over 30 attendees, with some travelling over 30 miles in order to attend, making it the most successful training event in branches history to date.

The workshop began at 6.30 pm, and guests were welcomed with complimentary refreshments and informative handouts. The workshop was scheduled to last until approximately 7.30 pm; however, thanks to the enthusiasm and engagement of the attendees, the workshop morphed into a group discussion and continued until 9 pm.

The feedback from branch members was very positive:

The Devon branch committee plans on holding a similar event next year. Branch chairperson, Emma Davies said: 'The workshop was a fantastic opportunity to directly respond to local members’ needs. Those who attended found Kirsty’s ability to draw on her own experience of the process invaluable. The branch is extremely grateful to CILEx and CILEx Regulation for the work that went into this comprehensive presentation.”

The work based learning workshop is now available to all CILEx accredited centres and CILEx branches to deliver to their students and branch members. Keep in touch with your local CILEx branch and CILEx centre for details of a workshop near you.

 

Electronic signatures: small changes save seconds

Craig Budsworth, FCILEx and Birmingham branch manager of True Solicitors, writes:

In the current age of ‘click to agree the terms’ that we all face every time we get a new mobile phone upgrade, I have looked at whether or not the same approach can apply to court documents and witness statements.

My search started with a case from 1954, when adding a signature was applied to a contract by way of a rubber stamp (Goodman v J Eban Ltd [1954] 1 QB 550). Here, the court found that even though the document was technically not signed, the addition of the stamp was suÿcient to stand in the place of a signature.

Of course, modern technology came on in leaps and bounds since the mid-1950 s, so my search then took me to a case where the signature had been scanned through a fax (Re a Debtor (No 2021 of 1995) [1996] 2 All ER 345). Again, this was found to be an acceptable method of adding a signature.

With my main purpose being similar to the approach of British Cycling: small changes saving seconds, I wanted to be able to add a typed signature on to particulars of claim and the N1 form to commence proceedings to save time in not having to go through all the documents, when printed, to find the right place to add the signature. As my team issues hundreds of cases a month, this small change would make a big difference in the time saved and reduce errors in missing adding a signature.

With case-law seemingly on my side, I then looked at the relevant areas of the law that apply when it comes to e-signatures . Perhaps unsurprisingly, the area is covered in a number of laws. First, the Electronic Communications Act 2000 s7 renders an e-signature admissible to authenticate a document which has been created electronically.

Second, the position is addressed in European law. Article 5 of the Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures, known as the Electronic Signatures Directive, provides that a member state of the EU must ensure that a signature is not deprived of legal effectiveness because it is in electronic form. While this requirement has not been expressly transposed into domestic law by the UK law which implemented the Directive, namely, the Electronic Signatures Regulations 2002 SI No 318, this appears to be a consequence of the clear common law position. In any event, at present it is the obligation of the UK courts to interpret UK law in a manner which conforms with EU law to the fullest extent possible.

This brings us to how the UK courts should interpret the Civil Procedure Rules (CPR). ‘Signature of documents by mechanical means’ is dealt with under CPR 5.3. This states that where a document used in court proceedings must be signed, then the requirement is satisfied if the signature is printed by computer or other mechanical means.

However, there appears to be a contradiction contained at rule 22.1(1) in the White Book, which suggests that this does not apply to statements of truth because they are not themselves a document. While the White Book is often a greater source of clarification, in this scenario this clearly cannot be the case as it misses the point that an e-signature is provided for under CPR 5.3 and within the general statutory provisions quoted above.

All this being said though, one point must not be lost; a signature, whether typed, added as a photo, or scanned onto a document, must be added by the maker of the document. Thus, there must be an audit trail showing that the e-signature has been added by the maker of the document. To this extent, an addition to the statement of truth along the lines of: ‘This document has been signed electronically’ , will clarify that the maker of the document is expressing how the signature has been added.

To top off all of these regulations, the Law Society has just released a practice note, Execution of a document using an electronic signature,* bringing up to date the legislation introduced through Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/ EC, known as the eIDAS Reg, ensuring that clients can now feel like the law we deliver does, indeed, belong in the 21st century.

So, my mission has been accomplished. The County Court Money Claims Centre referred my particulars and N1 forms up to a judge (along with the arguments that an electronic signature should not preclude a claim form being issued), who agreed with my points. Claim forms are now sent to court with an electronic signature, and my team are now even more productive and, most importantly, our clients do not feel that they are being handcuffed by an antiquated system. The next step will be all the other documents following the electronic route to save even more seconds!

*Available at: www.lawsociety.org.uk/support-services /advice/practice-notes / execution-of-a-document-using-anelectronic-signature

 

Welcoming a new Council member

Craig Tickner writes:

I joined the Crown Prosecution Service in 1990 after leaving college. I had no intention of studying law, but became interested through the work. I studied A-level Law, and was then pointed in the direction of ILEX (as it then was), taking the old Part 1 at evening college classes, and Part 2 with what is now CILEx Law School.

In between those exams, I joined a criminal defence firm of solicitors and undertook the police station accreditation qualification and managed the crown court section. Having qualified as a CILEx Fellow, I had the choice of completing further subjects and taking the solicitor route. However, there were great changes afoot at CILEx, with the promise of rights of audience and the possibility of partnerships. I decided to bide my time and those promises came to fruition.

I undertook the advocacy (criminal) course, and was admitted as a CILEx Advocate in 2010. I appear regularly at the local magistrates’ court and the youth court covering all aspects of criminal litigation, including numerous trials.

I joined the local CILEx branch in Bristol, and have been chairperson for the past three years. My term as chairperson finishes in January 2017, but I look forward to supporting the new chair thereafter.

I took partnership in April 2014, which was wonderful as it meant no more out- of-hours police station work!

I joined CILEx council in July 2016, jumping in at the deep end by joining the governance and membership standing committees.

 

Obituary

Ms Linda Harrison, a Fellow from Hempstead, Gillingham, died on 30 July 2016. She was principal legal assistant with Kent County Council, showing commitment and dedication for over 30 years. She handled a wide range of complex and politically sensitive matters, from conditional sale contracts to high-value leases. She will be sorely missed by Kent Legal Services, both for her personal qualities and professionalism.

LETTERS

We welcome readers’ letters, which we will publish subject to space.
The editor reserves the right to shorten letters unless it is stated that a letter should be published in full or not at all.
E: valerie.williams@cilex.org.uk
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