The Paralegal
June 2010
In this month's edition:
Time critical: London Pride march 3rd July
Time critical: free webinar for paralegals wanting a solicitors’ training contract: 8th July
Office of Fair Trading approves new code of conduct for will writing
Legal Services Board publishes research findings
Practice note: protection afforded to employees with a mental health “disability”
An introduction to cloud computing
'Subject to contract' does not always mean no binding contract
Careers advice
Opposition to referral fees appears doomed
The Equality Act
Government procurements
Consultations round-up
Work-based learning scheme – the advantages and disadvantages
When is a charity not a charity? – The brave new world of the Finance Act
Professional indemnity insurance: what to look for when choosing a broker
Hong Kong news round-up
LawCare
Public committee vacancies
Legal notice
Time critical: London Pride march 3rd July
The London Pride March is part of the annual London Pride Festival celebrating the lesbian, gay, bi-sexual and transgender communities. The legal sector is taking part. If you’re interested in joining the march then find out more about the festival itself at www.pridelondon.org.
To find out more about the legal sector’s involvement, visit Facebook at www.facebook.com/pages/Equality-Under-The-Law-Pride-2010/125248047504060?ref=sgm
Time critical: free webinar for paralegals wanting a solicitors’ training contract: 8th July
The Junior Lawyers Division of The Law Society of England & Wales is running a live webinar on 8th July between 1pm – 2pm. It covers how best to make training contract applications and how to improve your CV for that purpose. It is open to those who want to do, are doing or have done the LPC. To find out more and register with the JLD visit http://juniorlawyers.lawsociety.org.uk/node/1970
Office of Fair Trading approve new code of conduct for will writing
The Institute of Professional Willwriters has achieved OFT approval for its code of practice under the Consumer Code of Approval Scheme (CCAS). Read more at www.oft.gov.uk/news-and-updates/press/2010/56-10. However the Law Society of England & Wales feels the code is “toothless”. Since paralegal will-writers are in direct competition with solicitors for will writing business, the more cynical of you might not be totally shocked at the Society’s lack of enthusiasm for the code. You can read The Society’s arguments at www.lawgazette.co.uk/news/oft-approves-toothless-will-writing-code
Legal Services Board publishes research findings
The Legal Services Board (the oversight regulator which regulates front-line regulators such as the Solicitors Regulation Authority) has just put online a new research section which includes, amongst other things research reports (including the newly published small firms and their legal needs report) and presentations and papers from all seminars and research conferences (including the recent papers connected with the conference on the Future of Legal Services). Please visit www.legalservicesboard.org.uk/what_we_do/Research/index.htm
Practice note: protection afforded to employees with a mental health “disability”
The Law Society of England & Wales produces various practice briefing notes. To view their note on the above topic please visit www.lawgazette.co.uk/in-practice/mental-health-and-disability-discrimination-protection topics include are competence powers and school exclusions; the jurisdictional scope of freezing orders; Employment law: the Equality Act 2010; IT/IP: Google and brand searches; and Criminal: defence witness notices - all of which can be accessed through the above link.
An introduction to cloud computing
Cloud computing enables you to store documents and emails online and access them from any computer with an internet connection and web browser. If you need to do business from various locations then cloud computing can help you be efficient, reduce your IT costs and support flexible working practices. To read the BusinessLink practical guide to cloud computing, please visit BusinessLink at www.businesslink.gov.uk/bdotg/action/detail?type=ONEOFFPAGE&itemId=1085153520&site=181&r.s=p&r.pp=11&r.l1=1075193191&r.lc=en&r.li=1085153554
'Subject to contract' does not always mean no binding contract
Many lay people, and some practitioners, assumed, incorrectly, that by labelling documentation “subject to contract” they are protected from entering into a binding contract unless they expressly agreed to be bound in writing. The law firm of Minter Ellison remind us of why that is not always the case under English law. Read more at www.lexology.com/library/detail.aspx?g=8310f49c-bef2-4cad-950b-efdbbccf86d6&utm_source=Lexology%20Daily%20Newsfeed&utm_medium=Email&utm_campaign=Institute%20of%20paralegals%20subscriber%20daily%20feed&utm_content=Lexology%20Daily%20Newsfeed%202010-06-30&utm_term=
Careers advice
If you are leaving school, college or university over the summer – or just looking to change career -then make sure you visit the comprehensive paralegal careers advice website which gives honest, practical careers advice. See www.CareerParalegal.org
Opposition to referral fees appears doomed
For some time now opponents of solicitors receiving referral fees have been agitating for them to be banned. However in the past few weeks their campaign appears to have become fatally wounded as a report on research done into the effects of referral fees by the Legal Services Board was so positive that one might see some benefit to be had in making referral fees mandatory! See www.legalservicesboard.org.uk/what_we_do/Research/Publications/economic_research_on_referral_arrangements.htm Further, the Legal Services Consumer Panel, which had hitherto seemed to be anti-referral fees, issued a report which although not adopting a warm tone towards referral fees had to conclude that they could find none of the much cited anecdotal evidence of market distortions/consumer rip-offs. You can read the Panel’s report on their refferal fees research exercise at www.legalservicesconsumerpanel.org.uk/publications/research_and_reports/documents/ConsumerPanel_ReferralArrangementsReport_Final.pdf
The Equality Act
The Equality Act has been a long time coming, but is finally due to come into force in October. The Act will consolidate existing discrimination law in one place for the first time. It introduces some important changes to the current law and there are also a number of practical changes for practitioners and employers to be aware of. Read more in this article by Cobbetts LLP, solicitors at www.lexology.com/library/detail.aspx?g=46336ebe-72a8-42d6-a386-cb1477b1cc4e&utm_source=Lexology%20Daily%20Newsfeed&utm_medium=Email&utm_campaign=Institute%20of%20paralegals%20subscriber%20daily%20feed&utm_content=Lexology%20Daily%20Newsfeed%202010-06-29&utm_term=
Government procurements
With all the cuts in public expenditure coming soon, the remaining public procurement contracts will be even more fiercely contested. If you or your organisation want to bid for such work then view the public procurement toolkit devised by the Greater London Authority. Read more at www.businesslink.gov.uk/bdotg/action/detail?type=ONEOFFPAGE&itemId=5001540670&site=181&r.s=e&r.l1=5001058954&r.lc=en&r.l2=5000710788
Consultations round-up
The following legally-related consultations are currently running (NB see Hong Kong round-up for Hong Kong consultations):
Bar Council:
Contractual terms, closing date 31.07.10, see
www.barcouncil.org.uk/consultations/ContractualTermsConsultation/
Bar Standards Board:
Pupillage, closing date 20.07.10
www.barstandardsboard.org.uk/consultations/OpenConsultations/
Law Commission:
Insurance contract law: damages for late payment and the insurer's duty of good faith, closing date: 12.07.10 (NB extended from original 24.06.10 deadline) see www.lawcom.gov.uk/docs/late_payment_issues.pdf
Adult social care, closing date: 01.07.10, see www.lawcom.gov.uk/docs/cp192.pdf
Legal Services Board:
Welsh language scheme, closing date 16.08.10 www.legalservicesboard.org.uk/what_we_do/consultations/index.htm
Ministry of Justice:
Reform of the Coroner system, closing date 01.07.10
www.justice.gov.uk/consultations/reform-coroner-system.htm
Solicitors Regulation Authority:
The architecture of change: the SRA's new Handbook, closing date 20.08.10
www.sra.org.uk/sra/consultations/OFR-handbook-May.page#executive-summary
Outcomes-focused regulation - transforming the SRA's regulation of legal services, closing date 27.07.10, see www.sra.org.uk/sra/consultations/OFR-consultation.page
Work-based learning scheme – the advantages and disadvantages
The Solicitors Regulation Authority is halfway through a pilot scheme called the work-based learning pilot scheme. Originally intended to be a way of allowing trainee solicitors to qualify as solicitors without a formal training contract, the scheme is now also being touted as a replacement to the traditional solicitors’ training contract.
To find out more about the scheme itself visit: www.sra.org.uk/students/work-based-learning.page
To read the arguments in favour of the scheme visit the Junior Lawyers Division website at:
http://juniorlawyers.lawsociety.org.uk/node/1386
To read the arguments against the scheme visit the Junior Lawyers Division website at: http://juniorlawyers.lawsociety.org.uk/node/2049
When is a charity not a charity? – The brave new world of the Finance Act
An unlikely piece of legislation – the Finance Act – has introduced the biggest changes to charity law in a generation. Read more courtesy of Macfarlanes LLP, solicitors at www.lexology.com/library/detail.aspx?g=bc4896f8-96d5-4de0-80d5-6bec166c088e&utm_source=Lexology%20Daily%20Newsfeed&utm_medium=Email&utm_campaign=Institute%20of%20paralegals%20subscriber%20daily%20feed&utm_content=Lexology%20Daily%20Newsfeed%202010-06-17&utm_term=
Professional indemnity insurance: what to look for when choosing a broker
Paralegals working as sole practitioners or for a paralegal law firm are not legally obliged to have professional Indemnity Insurance. However it is good practice and good marketing to have cover. Having PII cover is one of the more subtle indicators of genuine professionalism.
PII cover for paralegal practitioners is not difficult to obtain. Because paralegals are not subjected to the same standards of service and competency as solicitors, premiums are considerably cheaper. However PII insurance pricing is more of an art than a science. It is therefore usually sensible to go through a broker rather than direct to an insurance company.
The Law Society of England & Wales has produced guidelines on how to choose a good PII broker. Obviously the guidance is written with solicitors in mind, but there is a lot of good generally applicable advice to be had. You can read the guidelines at: www.lawsociety.org.uk/professionalindemnity
Hong Kong news round-up
The Judiciary Administrator has updated the current contact details of the clerks assigned to:
High Court Judges, Deputy Judges, Recorders and Masters and Clerks to District Judges (District Court & Family Court) and Relevant offices
You should check the Judiciary's website for the most up to date information on the contact details:
English - http://tel.directory.gov.hk/index_JUD_ENG.html
Chinese - http://tel.directory.gov.hk/index_JUD_CHI.html
The Law Society of Hong Kong has the following lists available for download:
Clerks to High Court and Masters Judges and Relevant Offices visit www.hklawsoc.org.hk/mem/download/attachment.asp?issue=10-383a1.pdf
Clerks to District Judges (District Court & Family Court) and Relevant offices visit www.hklawsoc.org.hk/mem/download/attachment.asp?issue=10-383a2.pdf
Contact details for Listing of Hearings before High Court Judges (Court of First Instance and Court of Appeal) visit www.hklawsoc.org.hk/mem/download/attachment.asp?issue=10-383a3.pdf
Contact details for Listing of Hearings before High Court Masters visit www.hklawsoc.org.hk/mem/download/attachment.asp?issue=10-383a4.pdf
Contact details for Lodging of Appeals and Applications for Bail (Court of First Instance and Court of Appeal) visit www.hklawsoc.org.hk/mem/download/attachment.asp?issue=10-383a5.pdf
The 2010 National Judicial Examination
The next National Judicial Examination will be held on 11-12 September.
The Hong Kong Examinations and Assessment Authority has announced the procedures for application by residents of Hong Kong to sit for the Examination. Please visit www.hkeaa.edu.hk/tc/IPE/nje/index.html for more information.
The UK Bribery Act: why is this relevant to Asia?
An article by Herbert Smith LLP, solicitors explains why. Read more at www.lexology.com/library/detail.aspx?g=78a1fcbc-9313-4031-875f-616d6c9b588b&utm_source=Lexology%20Daily%20Newsfeed&utm_medium=Email&utm_campaign=Institute%20of%20paralegals%20subscriber%20daily%20feed&utm_content=Lexology%20Daily%20Newsfeed%202010-06-25&utm_term=
Consultation: draft Companies Bill, second phase consultation, closing date 06.08.10
www.cr.gov.hk/en/publications/docs/052010_DraftConsultation_full-e.pdf
Consultation: The Law Society of Hong Kong, proposal to introduce limited liability partnerships and invitation to comment www.hk-lawyer.com/innerpages/0/0/0/2010/5/President%27s%20Message
Joint consultation: a proposed operational model for implementing a scripless securities market in Hong Kong, open for consultation: www.hkex.com.hk/eng/newsconsul/mktconsul/Documents/cp200912_e.pdf
Time critical: Invitation to express interest to provide legal services to the Lands Department
The Director of Lands has invited solicitors’ firms to express their interest in providing legal services to the Lands Department in the following areas:
a. checking draft Deeds of Mutual Covenant and Management Agreements under the Lands Department Guidelines;
b. title checking in connection with payment of compensation in Land Resumption cases; and
c. title checking in connection with surrender of land in Land Exchange cases for Regrant of a new lot.
A letter dated 3 June 2010 ("the letter") from the Director of Lands and the attached application letter and application pro forma can be obtained by visiting www.hklawsoc.org.hk/mem/download/attachment.asp?issue=10-361a1.pdf
2. Firms must meet the pre-qualification criteria as set out on pages 2 & 3 of the letter. Applicants should note the application procedure stated on page 3 of the letter and in particular, that applications should be submitted by hand not later than 10:00 a.m. on Monday, 5 July 2010.
LawCare
LawCare is a Samaritans-type anonymous telephone support line run by legal practitioners for legal practitioners. They understand the unique pressures you face. Associate, Certified and Qualified Paralegal members of the Institute of Paralegals are eligible to use this free service.
Like other legal practitioners, paralegals suffer from depression, alcohol and other dependency issues as well as stress and bullying. LawCare tell us that IOP paralegal members have been using the service in increasing numbers (if you call you are asked whether you are a solicitor, barrister, charge, legal executive or paralegal – but not for any other personal information). To find out more, visit www.lawcare.org.uk.
Public committee vacancies
The following vacancies may be of interest to paralegals:
Lay Member of the Wolverhampton Advisory Committee on Justices of the Peace
Closing date 01.09.10
Legal notice
Any references to other organisation or media outlets that appear in this e-journal do not imply that the IOP either recognises, approves or endorses those organisations – or vice-versa. Nor does it imply any partnership or similar alliance, arrangement or contractual dealing between the IOP and any organisation cited in this e-journal unless the same is explicitly claimed. Similarly the reporting of the views, opinions or facts espoused by any of the said organisations does not constitute IOP approval, recognition, confirmation or verification of the same. Readers are advised to contact the originators of source material for verification before acting or relying on the same. Reproduction of third party material (if any) is on the basis of fair use reporting and all copyright remains with the originating source which should be consulted if you wish to reproduce their copyrighted material.
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