This update was provided for Liverpool Law Society by Beth Quinn, Key Account Manager – the Law Society
International
Russian invasion of Ukraine
We condemn the decision of the Russian president to invade Ukraine and praise the defence of the Ukrainian nation by its armed forces and its civilian citizens. We express solidarity with our fellow lawyers and their families in Ukraine and pledge to do what we can to help in the coming days, weeks and months.
The Law Society have reached to the Ukrainian National Bar Association and the Ukrainian Bar Association. We also stand with the Russian people who oppose their government’s illegal invasion of Ukraine and lawyers who are defending the rule of law in the region. We have put out a strong statement in support of Ukraine which you can view on our website.
Law Society statement on Ukraine:
The Law Society are gravely concerned with the news from Ukraine and are continuing to support our members in the region. A clear principle of international law is that a state is prohibited from the use or threat of force against another state. We are standing in solidarity with the Ukranian people, the Ukranian National Bar Association, the Ukranian Bar Association and with the Russian people who oppose their government’s illegal invasion of Ukraine, and lawyers who are defending the rule of law in the region.
Sanctions
The Law Society supports sanctions as a response to Russia’s illegal invasion of Ukraine, which are aimed at encouraging Russia to cease actions destabilising, undermining or threatening the territorial integrity, sovereignty or independence of Ukraine.
Law firms and their clients – like all other businesses – must comply with the government’s sanctions regime. Solicitors have an important role advising their clients to ensure they comply with the rules. Solicitors employed by government also play a key part in drawing up the sanctions and making sure that they are watertight.
However, we are again hearing rhetoric about solicitors as ‘professional enablers’ – this is a concerning and damaging narrative on the reputation of the profession. The Law Society will continue to champion the profession and counter this narrative.
All solicitors operate within a strong regulatory framework overseen by the Solicitors Regulation Authority (SRA) and must have appropriate policies in place to make sure they comply with sanctions legislation. This includes carrying out regular and appropriate checks of sanctions lists.
The Law Society has guidance on the UK sanctions regime which sets out:
- The criminal offences under the regime
- How to carry out a risk assessment
- Obligations to check clients against sanctions lists
- How to apply for a licence to act for a client on a sanctions list
- Your reporting obligations
You can check our guidance on the UK sanctions regime to find out what steps you and your firm must take to comply.
SRA statement on sanctions compliance
FCA statement on new financial sanctions on Russia
UK/New Zealand trade deal
The UK is continuing to develop its Asia-Pacific focus by agreeing a free trade agreement (FTA) with New Zealand, which reflects the importance of market access for professional services in both economies.
The UK-NZ FTA commits to liberalising services in a way that strengthens bilateral relations and deepens market access, making it easier for professionals like lawyers to operate in each other’s economies. Professional services and mechanisms to facilitate further recognition of professional qualifications are also outlined in the agreement.
The Professional Services Annex confirms existing rights of UK and New Zealand lawyers to advise clients in their home country and international law and to provide arbitration, mediation and conciliation services in the other country’s territory using their original qualifications and title.
The agreement also establishes a legal services regulatory dialogue, which will help relevant legal bodies to facilitate a route for requalification that’s transparent and proportionate.
It will also encourage greater collaboration and knowledge-sharing on regulatory matters and wider issues affecting trade in legal services.
UK workers will benefit from improved business travel arrangements and professionals such as lawyers will be able to work in New Zealand more easily, allowing UK companies to set up shop with the best British talent to grow a sophisticated international legal market across both jurisdictions.
The agreement includes a domestic regulation chapter – a first in New Zealand and UK FTA practices – reflecting both countries’ support for ambitious rules building on those currently under development in World Trade Organisation negotiations.*
The Law Society look forward to contributing to discussions on improving smoother trade in legal services with key bodies, including the New Zealand Law Society, and welcome the clear framework proposed under the FTA with New Zealand to further this opportunity.
* The domestic regulation chapter reflects both countries’ support for the Joint initiative on Services Domestic Regulation and will see both countries commit to operating impartial, transparent and responsive regulatory systems that will not be used to create unnecessary barriers to trade.
Regulation
Remote supervisions
You may recall that last year, in response to queries raised by our members, the Law Society published guidance on remote supervision. This guidance also covered flexible working arrangements and what should be considered when making those arrangements.
As many of our members are still working from home (in whole or part) we are keen to review this guidance to ensure that it is still fit for purpose, and to see if there are any other considerations we need to add.
Should your members have any comments regarding their current working arrangements and the supervision of their trainees and junior staff in the current climate we would be keen to receive it.
We plan to anonymise and collate all feedback we receive before reviewing the guidance in mid-March at the next meeting of the Law Society’s Education and Training committee.
Rule of Law
Human Rights Act Reform
The Law Society has said that the government is taking a sledgehammer to a cornerstone of British justice with its proposed reforms to the Human Rights Act in evidence submitted to the Ministry of Justice today (8 March 2022).
Britain’s international reputation as a standard bearer for justice, a champion of human rights and a stable international partner is at risk. The Human Rights Act confirms and protects the rights and freedoms of people in the UK and provides robust protection in British courts.
The government is introducing changes that would make the state less accountable.* This undermines a crucial element of the rule of law, preventing people from challenging illegitimate uses of power. This will be the result of proposals which make it harder for all of us to protect or enforce our rights if the new Bill of Rights becomes law.
A range of proposals** would launch a two-pronged attack, making it harder to access the courts’ protection to enforce rights and reducing the availability of effective remedies. For instance, they would create a class of ‘acceptable’ human rights abuses – those deemed not to have caused ‘significant disadvantage’.
That would affect every one of us and lead to a culture of disrespect for human rights in decision-making, with rights breaches that might be seen as ‘low level’ becoming acceptable because they could no longer be challenged, despite being against the law.
With the Bill of Rights, the UK could begin to slide below the standards we agreed to in the European Convention on Human Rights, to which the UK still belongs. This would not only bring into question Britain’s honour and trustworthiness as an international partner, it would also diminish people’s ability to enforce their rights and remove UK courts’ ability to keep pace with international standards.
In short, dismantling the Human Rights Act would have far-reaching consequences, conferring greater unfettered power not just on the government of today, but also on future ruling parties, whatever their creed.
Law Society recommendations to government:
- Implement the recommendation of the Independent Human Rights Act Review (IHRAR) to develop a programme of civic and constitutional education to improve understanding of the HRA, its place in our constitution and the rights and freedoms contained within it.
- Introduce representative actions for human rights claims, allowing a single case to be brought by a representative claimant/ NGO where there are multiple claims on the same issue and with common facts.
- Create a role for the Joint Committee of Human Rights in monitoring and scrutinising section 3 judgments entered into the proposed database.
- Consider creating a mechanism for reviewing human rights judgments and evaluating where legislative or policy changes are required.
- Provide additional training to support public bodies to understand and apply their obligations under the HRA. This should be specific to the context of the public body, delivered by a legal professional with specific expertise and address the importance of human rights obligations and where they may arise in practice.
- Create a system of independent judicial oversight of detention decisions of suspected insurgents abroad.
For the Law Society’s consultation response in full contact harriet.beaumont@lawsociety.org.uk
* This includes: proposals to exclude issues from the courts’ consideration, reduce public body liability, remove the ability to quash secondary legislation and restrict extraterritorial application of the Human Rights Act (HRA).
** This includes: introducing a new threshold whereby ‘significant disadvantage’ must be proved before a court would consider a claim; restricting positive obligations; introducing prospective quashing orders and limiting the availability of damages.
D&I
Diversity Access Scheme
Part of our purpose at the Law Society is to drive excellence in the legal profession. We want to make sure that the profession is more representative and inclusive.
Our Diversity Access Scheme (DAS) helps to make positive changes around diversity and inclusion within the profession. Applications for 2022 are now open and we’re inviting talented aspiring solicitors to apply.
The scheme aims to help improve social mobility and diversity in the legal profession by supporting people who face exceptional social, educational, financial or personal obstacles to qualifying as a solicitor. It is open to those looking to complete the Legal Practice Course (LPC) or the Solicitors Qualifying Exam (SQE) who need help with funding, accessing real work experience opportunities or meaningful mentoring and might otherwise struggle to get the support they need to succeed.
To date, the scheme has supported more than 260 talented awardees to pursue their career ambitions. During the 2021 application process we received 277 applications, shortlisted 34 applicants for interview and made 15 awards.
You can see the results of the 2021 scheme in our report which shares insight on:
- the application and interview process
- How DAS was marketed and promoted
- Commentary from our awardees
- Anonymised diversity data of applicants through different stages of the application process
The 2022 application period opened on 23 February and will close at midnight on 20 April 2022.
Find out more information and how to apply
Other resources
Race Equality Week was held in February– and was a time to reflect on what you and your firm or organisation are doing to address barriers to equality and inclusion faced by your Black, Asian and ethnic minority colleagues. The Law Society has produced a practical toolkit to aid you in this: promote race inclusivity in the workplace.
LLS Policy Forum
We are holding Local Law Society Policy Forums for the largest Local Law Societies throughout 2022.
The purpose of these Local Law Society Policy Forums is to provide large Local Law Societies with a thematic update from our internal policy experts on key issues of importance. It is an opportunity to not only directly connect with them, but also to share your views, ask questions and raise any concerns your members have.
Our first, on Access to Justice, was held on 9 February. A summary of the Law Society’s various workstreams that are live within this topic was circulated by way of an article to be shared with your members.
Further policy themes we plan to cover in future sessions are on:
- The Rule of Law
- A modern, diverse and inclusive profession
- The International practice of law
- Regulation and Anti-Money-Laundering
- Supporting our members’ business
Open consultations
We respond to consultations from government departments and other organisations to influence changes in the law on behalf of our members. Find our latest consultation responses on our website.
Our latest responses include the SRA’s consultation on the future of PSYROC and the Solicitors Indemnity Fund, fixed recoverable costs in lower value clinical negligence claims and mandatory disclosure rules: draft regulations.