Newsletter of the Berks, Bucks & Oxon Inc. Law Society

May / June 1999 - Volume 9 : No. 35

From the President

Michael King

Access to Justice

You will I am sure be relieved to hear that I intend to make only one reference to the vexed question of Indemnity Insurance - that was it!
Can there ever have been a more appropriate name for a Bill before Parliament than the Access to Justice Bill? I write this article just before the crucial Committee Stage on 27 April. Nick Harvey MP referred in a recent BBC Any Questions programme to the proposals contained in the Bill, which will deny justice to those most in need, as being a stain on society.
By the time this article is published the Law Society will have launched a hard hitting advertising campaign in the Press in an effort to get Parliament to accept amendments which the Law Society say are essential to preserve real access to justice for those clients who need legal aid. It remains to be seen whether this campaign and other lobbying efforts will have been successful. It is to the interests of justice being available to many of the poorest and most vulnerable people in society. It is the first time the Law Society will have advertised in this way. It is and the other efforts are successful it will be our money, well spent.
Legal Aid needs proper finding and people who have to use legal aid must have the same right to choose their solicitor as everyone else. Justification of the stance being taken, if it were needed, is the sharing of these concerns by many other groups such as Refuge, RADAR, the National Housing Federation and Consumer Organisation.
These Government Myths must be exposed:
* The costs of legal aid is spiralling out of control
WRONG: The legal aid budget has been underspent for the past four years
* Spending on Legal Aid is at the expense of health and education
WRONG: The spending on legal aid is less than 1% of Government spending
* The Access to Justice Bill will make justice available to more people
WRONG: The opposite is true

* Lawyers make big money from Legal Aid
WRONG: Legal aid firms pay most solicitors they employ less than £23,000 pa, ie about the same as a senior staff nurse and no one thinks they are overpaid.
It is hoped that when the Bill becomes law it will be a true "Access to Justice" Act.
As my term of office draws to a close I regard our profession to be no less threatened than when I started - not my words but those of my predecessor, James Couzens, a year ago. Can I hope that my successor will be able to be more optimistic in a year's time? I do hope so. This is a profession of which to be proud, not least because of it's championing of Legal Aid. Stains on Society can be removed, but how much better to prevent them in the first place.
JUSTICE FOR ALL - NOT JUSTICE DENIED

Annual General Meeting - 14 June
The Society's AGM takes place at Bisham Abbey on 14 June. There are vacancies for Committee Members for all three counties. If any member is interested in joining the Committee they would be very welcome. As a first step aspiring Committee members might like to have a word with existing Committee Members to find out what is involved.
The time limit for receipt of nomination form is 5 days before the AGM

Contents:

Applications & vacancies - BB&O Annual Dinner - Calendar - Comment - Helplines names & numbers - Professional News - Professional services - Education and Training

Comment

SIF - The Last Gasp?

By the time this Newsletter is published, the result of the postal ballot will be known. It will be just as interesting to know how many members bothered to vote as well as the result of the ballot itself. Let us hope that, whatever the result of the ballot, the controversies can be put to rest and those responsible for the Professions Indemnity Cover can devote their efforts to ensuring that adequate cover is available in the most cost effective way.

Professional News

Committee News

The BB&O Committee met on 8 March. The Society's current membership was reviewed and there was discussion over the corporate membership schemes operated by other Law Societies. It was felt that any corporate membership scheme for the BB&O should be designed to be cost effective for firms as well as increasing membership. The differing schemes will be considered further and discussed again later in the year. Arrangements for the Society's Dinner were discussed and it is hoped that some sponsorship of the dinner will be arranged. The success of the last Lecture programme was noted and it was agreed that the Lecture programme for 1999/2000 should follow a similar format. The Woolf Seminar will be held before the AGM on 14 June. Inevitably there was much discussion of the decision of the Council of the Law Society over the future of SIF. Surprise was expressed at the handling of the matter by the Law Society. There was discussion over the current consultation papers from the Law Society and in particular the Criminal Litigation Accreditation Scheme. The Committee received reports from sub-committees and District Associations and noted current disciplinary proceedings involving solicitors in the area.

Welfare Reform and Pensions Bill

The Welfare Reform and Pensions Bill, currently in the Committee Stage in the House of Commons, makes widespread changes to benefit entitlement. These will include work-focused interviews and changes to incapacity and disability benefits. The Bill also introduces pension sharing on divorce, which is scheduled for implementation in 2000 at the earliest. There was widespread consultation on and scrutiny of the proposals to introduce pension sharing before the Bill was introduced.

This included an enquiry into draft legislation by the Social Security Committee, to which the Law Society gave both written and oral evidence. Pension sharing will operate in a flexible way. Courts will have discretion as to the division. The existing remedies of earmarking and offsetting will remain. The advantages of pension sharing are that it is more consistent with the clean break.

Supporting Families

The Law Society's response to the HO consultation is now available. For solicitors, the most important part of the consultation relates to the proposed changes to the law on divorce information and maintenance and capital provision on divorce. Under the Family Law Act 1996 most people seeking a divorce will have to attend a one-to-one divorce information meeting before being able to proceed. Supporting Families suggests there should also be a later group meeting so that information will be provided in two stages. The Society has opposed this because it will be an additional barrier before a divorce can be obtained, will be intrusive and result in individuals receiving information in pieces. The Govt also proposed the introduction of enforceable marriage contracts and changes to section 25 of the Matrimonial Causes Act 1973. There would be an overall principle governing the way cases are dealt with together will a hierarchy of factors to be considered which include reference to a 50/50 split of assets.

Assessment of Costs Guideline Figures

Further to Sir Richard Scott's letter to the Judiciary of 12 March 1999, representatives of the Law Society, the Supreme Court Taxing Office (SCTO) and the Association of District Judges have now met to discuss a framework for revised categories of fee earners. In future guideline hourly rates should be based on three grades of fee earner. This replaces the four grades annexed in the Practice Direction of 1 February 1999.

The grades are: solicitors with over 4 years PQE; other solicitors and legal executives and fee earners of equivalent experience; trainee solicitors and fee earners of equivalent experience

These grades have been agreed by Sir Richard Scott and the Chief Taxing master, Peter Hurst (now the Senior Costs Judge). Local rates should now be agreed on this basis. The Designated Civil Judge for each court group will be required to report to the Senior Costs Judge at the Supreme Court Costs Office the locally agreed rates so that they can be included in revised guidance to be issued by the SCCO. Although the SCCO has not yet confirmed the deadline for the reporting of agreed rates it is likely that this will be within the next two months.

Professional News

Will Search

Anyone knowing the whereabouts of the Will of the late Donald Heron of 5 Ditton Road, Datchet, Berks please contact the BB&O office on 01844-237602 or e.mail: bbolawsoc@dial.pipex.com

The Law Society

Practical Seminar for firms

applying for a Legal Aid Contract

What are the elements of the contract

What information will you need to prepare you bid

What systems do you need to prepare for contractinf

Running a contract - financial and other implications

IT - what are the needs of your firm

Speakers include, Vicky Ling, Andrew Otterburn, Christine Archbold amnd Julian Boardman-Weston.

Bristol 20 May, Birmingham 25 May, London, 27 May, Leeds 15 June 1999. 1.00 to 5.00 pm.

£99 plus Vat. 4 hours CPD.

Contact Law Society Conference and Courses on 01403-823246.

Risk Management

A practical guide to Claims Prevention

Presented by the Risk Improvement Unit of the SIF

Wednesday, 9 June 1999, 9.30 to 1pm

Four Pillars Hotel, Sandford on Thames, Oxon

Cost £85 plus vat 3.5 hours CPD

Further details contact Angela Dodson : 0171-566-6000

The Freelance Solicitors Group

Many have thought at one time or another of using a freelance or locum solicitor for a temporary period. The need can arise through the need for maternity cover, long term sickness, recruitment difficulties or a sudden increased workload. Some may also have considered doing freelance work after retirement or leaving a post to bring up a family.

The Freelance Group is also a social and information network. Membership costs £20 per annum.

For further information contact Natalie Siabkin,5 The Link, West Acton, London W3 0JW. Tel: 0181-992-3885.

The BB&O Annual Dinner

Friday, 21 May 1999

Trinity College, Oxford

This year, our President and Council Member, Michael King, has chosen to take the BB&O Annual Dinner back to an Oxford College which has witnessed most of second millennium. Trinity College was founded in 1555 during the reign of Mary Tudor on the site of Durham College, which was itself founded in 1286 when the Plantagenet King, Edward the First, was on the Throne.

The Dining Hall in which the Dinner is to be held was rebuilt on its medieval foundations in 1618. With its 18th Century ceiling and panelling, its oriel window with 16th Century Swiss glass and the College Silver on polished refectory tables and benches, it will make an elegant and fitting venue to entertain your clients, partners, colleagues and staff.

The Menu is as follows:

College Terrine with Peach Chutney

Baked Scallop with Crab Ginger and Lemon Grass

Pan-fried Duck with Butternut Squash, Lime, Honey and Pine Kernels

followed by

Apple and Raisin Brulee with Praline, Clotted Cream, Berries and Currants

Coffee and Mints

Half a bottle of College Wine per person is included in the ticket price

The Reception before Dinner will be held in the Cellars under the Hall which have been converted into a Bar – with drinks at College Prices. Additional College Wine will be available over the Bar if you wish to replenish your stocks during Dinner.

The Speakers include

The Honorable Michael Beloff, QC MA FRSA - Head of the College

Michael Mathews - The Law Society National President

Dan Brennan - The Chairman of the Bar Council

Tickets cost £45 plus vat

Sponsored by The Royal Bank of Scotland plc

Please use the cream booking form

Education & Training

Continuing Professional Development

This is a reminder to those who have not yet started to do anything about CPD. Please note that everyone is now caught by the requirement of continuing professional development as from 1 November 1998. Those who were not subject to CPD in the past will have to clock up 48 hrs of CPD in a three year period which commenced on 1 November 1998. If you require information on how to set up your training record or confirmation of requirements, telephone The Law Society on 0870-606-2555. Remember too that the BB&O’s excellent lecture programme provides what is probably the most cost effective way of achieving your CPD requirements.

"Life After Woolf"

BB&O AGM Seminar

The BB&O AGM on 14 June will again take place in lovely surroundings, in the Elizabethan Room of Bisham Abbey, the National Sports Centre, on the banks of the Thames near Marlow. And, in order to take full advantage of the timing – six weeks after the introduction of Woolf,- the BB&O Committee decided to organise a seminar : Life After Woolf

This will start at 2.30 pm and be chaired by District Judge John Davidson. The speakers will include District Judges Michael Payne, Brian Bowman and Paul Mostyn, who between them will be able to cover just how the new Civil Procedure Rules are operating thoughout the area.

There will be a break for a buffet tea at approximately 4 pm to give members a chance to talk to the speakers individually before returning for a session with His Honour Judge Michael Cook – "Cook on Costs" and for a final period of questions and answers.

This will be followed by the BB&O Annual General Meeting at approximately 6 pm.

The ticket price for the seminar which gives members 3 hours CPD and includes an excellent hot and cold buffet plus tea and coffee is only £45 + vat for members and £55 + vat for non-members.

Please book on the yellow booking form - numbers are restricted

BB&O Lectures

This season’s BB&O lectures are being held at the Forte Post House, Handycross, High Wycombe (Junction 4 of the M40) and the lecture topics are, as always, given by lecturers well known to the BB&O and Professions, so ensuring good value and quality.

Each of the lectures attracts 2 hours CPD and lasts between one and a half hours with a period for questions and answers. The competitive price combined with the convenient venue means that firms should be able to send several partners, qualified staff, trainees or unadmitted executives. The cost is just £30 + vat for members and £35 + vat for non-members,

1998/9 Lecture Programme

May 10 Improving Time Recording and Billing Robert Mowbray

Please use the green booking form enclosed with this newsletter

Applications & Vacancies

Solicitors and/or Legal Executives sought to assist an established but still developing firm to deal with an increase in work in the following areas: Conveyancing, Probate, Matrimonial.

Please reply to Stephen Aldred of Campbell Hooper & Co of Apex House, 116 London Road, Sunningdale, Berks SL5 0DJ. Tel: 01344-622141, or Fax: 291371

Advance Housing and Support Ltd

Oxfordshire based voluntary organisation seeks volunteer board members. Advance Housing & Support Ltd is a major national voluntary organisation providing community based services for people with learning disabilities and mental health problems. With a reputation for innovation, Advance now provides services to about 1000 people through out central and southern England. Formed 25 years ago this year, Advance employs almost 450 people but it is the volunteer Board that has overall control. New Board members with experience in the Law, Property Management, Finance and/or IT, Service delivery or policy within mental health/learning disability are needed in this Silver Jubilee year. Out of pocket expenses and benefit from training. If you are interested, or would like an application form please contact:

Stuart Rigg, Chief Executive/Secretary, Advance Housing & Support Ltd, 2 Witan Way, Witney, Oxon OX8 6FE. Tel: 01993-772885/704994 or Fax 700258.

Paralegal, outdoor clerical or general legal assistance work required by graduate with excellent degree and commendation in LPC. Computer literate, adaptable and prepared to work on temporary basis if necessary. Contact S Kumeri, 5 Byron Road, Earley, Reading, Berks RG6 1EP.

Training Contract or paralegal work required by graduate with LPC and Post Graduate Diploma in Law. Excellent academic record. Good work experience. CV available. Contact: J Dowling, 124 St Edith’s Marsh, Bromham, Chippenham, Wilts SN15 2DE. Tel: 01380-8500156.

Training Contract required by graduate with CPE and LPC presently teaching Law at A and As level. Varied work experience. Contact K M James, 3 Curzon Avenue, Hazlemere, Bucks HP15 7PG. Tel: 01494-816235.

Probate / Conveyancing Clerk qualified to FILEX level with eight years experience in private practice seeks fee earning position within |BB&O area. Computer literate with a good eye for detail. Contact V Jennings, 44 Nelson Close, High Wycombe, Bucks HP13 7NS. Tel: 01494-471650.

Professional Services

The Law Society Careers and Recruitment Service

has been very successful in finding suitably qualified Solicitor, Locums Paralegals and legal Executives on a nationwide, confidential and professional basis. The Service can also help you cope with fluctuations in workload and by putting you in touch with local temporary staff who are legal Practice Course holders and have significant relevant work experience. Paralegals are available on a totally flexible basis, short or long term at reasonable cost.

When you next require a member of staff bear in mind that they charge a very competitive rate and can also provide you with information on salaries and general recruitment issues.

Tel: Solicitors: 0171-320-5620; Locums: 0171-320-5866; Paralegals: 0171-320-5940.

The Law Society Library and Information Service

The Law Society Library is one of the most important services provided in Law Society’s Hall offering an extensive up-to-date collection, both print and electronic. It provides legal and practice source material by telephone as well as in person (but cannot interpret points of law). It also runs the highly regarded photocopying service.

Tel. - General: 0870-606-2511, Fax: 0171-831-1687; Photocopying: 0171-320-5929, Fax: 0171-320-5699.

E.mail - General: lib-enq@lawsociety.org.uk Photocopying: lib-photo@lawsociety.org.uk

Hours of opening : 9am to 5pm Monday to Friday.

The Law Society Practice Advice Service

If you have problems arising from your work as a solicitor this Service may be able to help. It deals with problems of legal practice, solicitors costs, policy and practice, general advice on practice management and multi party actions including questions relating to rights of audience, franchising, block contracting, merging and selling practices, Tax etc etc. They have numerous publications on conditional fees, non contentious work, contentious costs, police station advisers accreditation scheme and specialist associations and networks. Also they can provide other literature on powers of attorney, money laundering, mortgage fraud, setting up practice, financial management, franchising and legal aid and civil justice as well as Lexcel and quality assurance/

Tel: 0870-606-2522, Fax: 0171-320-5699. E.mail: lib-pas@lawsociety.org.uk.

Helplines Names and Numbers

The Law Society

Chancery Lane – Central Switchboard 0870-606-2500

Practice Advice: 0870-606-2522

Practising Certificate Applications and Advice: 0870-606-2555

Professional Ethics & Guidance Division: 0870-606-2577

Legal Education Advice & Information: 0870-606-2555

Library Enquiries: 0870-606-2511

Office for the Supervision of Solicitors

Lawyerline Advice: 0870-606-2588

The Solicitors Assistance Scheme

has members in the BB&O area available to help anyone with professional or personal difficulties. The present members of the panel are David Archer of Pitmans Reading (insolvency, litigation, partnership); John Cole of Cole & Cole, Oxford (partnership, employment); Tony Hatton of Reynolds Parry-Jones & Crawford, High Wycombe (advocacy, tribunals); Miss G Humphreys of Reynolds Parry-Jones & Crawford, High Wycombe (general); Rodney Stubblefield of Penningtons, Newbury (SCB/SDT, financial); C M Winter-Taylor of Sherwood Farm, Bryants Bottom Road, Great Missenden HP16 0JR (partnership, financial); David Wright of Marshall & Galpin, Oxford (general).

Solicitors Benevolent Association

Any applicant the SBA considers necessitous may be considered for financial help which takes the form of a cash grant, regular payment or loan etc – each case reviewed individually. Informal contact by phone may help to clarify eligibility. Contact the Secretary, Cdr Nick Lorimer, or one of the beneficiary Secretaries at 1 Jaggard Way, Wandsworth Common, London SW12 8SG. DX 41608 Balham. Tel: 0181-675-6440.

BB&O Office:

Southfields, Ludgershall, Aylesbury, Bucks HP18 9PB. DX 40168 Bicester. E.mail: bbolawsoc@dial.pipex.com Tel: 01844-238802 Fax: 01844-237602.

Hours attended: approx 20 hours per week, answerphone in operation when unattended.

The closing date for the next newsletter is : Friday, 16 July 1999

 

Calendar

BB&O Lect 8 10 May

BB&O Cttee mtg 10 May

BB&O Annual Dinner 21 May

BB&O AGM 14 June

BB&O Woolf Seminar 14 June

BB&O Lect: 1 L&Tennant 13 Sept

BB&O Lect: 2 Civ Litigation 18 Oct

BB&O Lect: 3 Probate & Trusts 14 Nov

National Conference 29/31 Oct

Details from: BB&O Office, Secs of the Assocs or YSG

BB&O COMMITTEE

1998/1999

President Michael King Oxford (&Council)

Vice President Andrew Bond Reading

Immediate Past-President James Couzens Aylesbury

Hon Secretary Roger Rose Banbury

Berks Reps:

Adrian Watney Maidenhead

Marie de Viell Reading

Derek Child Newbury

Bucks Reps:

Patrick Haworth Aylesbury

Martin Silverman Chesham

Laurence Singer Amersham

Oxon Reps:

Jeremy Irwin-Singer Oxford

Suzanne Kingston Banbury

Tracy Norris Evans Oxford

Special Members:

Janet Holland, Oxford ODSA

Richard Leatham, Reading RBSA

Kate Jones, Reading YSG

Christopher Impey, Oxford Local Govt

Michael King, Oxford Council Member

David Savage, Farnborough Council Member

Subscriptions

If you have not yet paid your subscriptions for 1998/9 on the recently sent out Red Reminder please do pay now. If you think you have already paid please return the reminder giving details of date and amount so we can update our records. Please make your cheque payable to the BB&O Inc Law Society. Thankyou