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Ten New Year’s Work Resolutions for Local Authority Conveyancers

It seems strange that in today’s corporate world, the only people to have full secretarial support are those who are least likely to need it. They are the captains of industry who spend most of their time in meetings instead of sitting in front of a screen pushing out documentation in volume. For the rest of us, it’s about making the best of what limited support is available to us. One of the positives coming out of the covid lockdowns was a permanent change in working habits, which means that we can do more of our work from the back bedroom instead of traipsing through the morning and evening rush hours. Who would want to go back to that? It was also fortuitous that this change in working habits coincided with technical developments which enable us to meet on teams at the moment’s notice instead of taking an afternoon out of the office to meet face to face. So what has all this got to do with New Year’s resolutions? Just this! In conveyancing, time is money. A delayed completion often means a delayed rental stream or a delayed capital receipt. And everyone loses.

If progress on a transaction stalls completely, other things will supervene and it will begin to unravel. One of the issues I have with traditional time recording is that it rewards inefficiency, with the slowest most inexperienced fee earner charging out the most time for a transaction. When it should be all about unit-cost, meaning that the faster you are able to work without compromising on quality or accuracy, the better value you are providing to your corporate client. In this post, I provide suggestions for ten New Year work-resolutions which can help you become one of the most efficient conveyancers in your team, simply by making the best use of the resources which are available to you . Here they are:

  1. Dictate! Dictate Dictate! All computers which are Windows 10 and above, have a voice dictation facility. But you will need to find it and enable it. Voice dictation is improving all the time but is still far from perfect. Unlike a secretary, automated voice dictation cannot interpret what you have said. It will simply transcribe what it thinks you have said. So if I dictate the word, ‘ comma’, it will tell me to ‘Call my Mum’. If I say ‘draft’, as in document, it will give me the draught which is blowing in through the open window behind me. So why do I use voice dictation? Because even with its many faults, it is still three times quicker than typing everything out longhand.
  2. Purchase a wired mouse, a wired keyboard, a wide-screen monitor and a wired headset which you are going to use if you are going to dictate. Unless you have micro fingers, don’t try doing all your work on the tiny keyboard which is attached to your laptop. Invest in a wide screen monitor so you don’t have to squint. Using a wide screen also makes it easier to proofread documentation and reduces the risk of mistakes.
  3. Take an interest in legal developments, even if they don’t directly relate to your work. If you are working in a bubble, it is too easy to miss the big changes which are happening in mainstream conveyancing. Subscribe to an online newsletter like ‘Today’s Conveyancer,’ which is aimed at the high street practitioner.
  4. Take time to get to know your corporate clients and learn what they really want from an in-house legal service. It’s not about being ‘cheap and cheerful’. Instead of huddling together with other lawyers, try to become part of the client team.
  5. Be serious about meeting your financial targets, even if colleagues are not meeting theirs.
  6. The 10:00 a.m. to 4:00 p.m. core hours slot is sacrosanct. Nothing must be allowed to get in the way of chargeable work. Try to keep training and other distractions out of those core hours.
  7. Be prepared to innovate and discover ways to improve productivity. Set up templates and standardise wherever possible. Don’t send out documentation in draft if you can send out an engrossment.
  8. Look for ways to raise your own professional profile. Remember that meeting continuous professional development (CPD) requirements need not only involve being a passive listener. You can also earn points by presenting training to clients and prospective clients and raise your own profile in the process.
  9. Have confidence in your own professional judgement. And be prepared to provide your client with clear and robust advice. If you don’t have confidence in your own professional judgement, why should anybody else have confidence in you?
  10. Never pass up an opportunity to get into management, even if it’s only for a few months to cover somebody’s maternity leave. Management experience does not only look good on your CV. Leadership is also a valuable life skill which can only be learned by doing. And if you go into management, make sure that you look, act, and sound like a manager, because it will affect the way other people react to you.
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Cheers!

Photo by KoolShooters on Pexels.com

Tuesday December 24th. 1 hour to midnight. Thought I would have a glass of Sherry to celebrate Christmas. Nothing in the house. Hmm! Oh well! Glass of Ribena instead.

Christmas Day. Everything closed. Had some guests for lunch. Ordered a takeaway from the local karahi. After some rummaging, I found a tiny bottle of wine tucked away at the back of the dresser. It was a Marks and Spencer St Michael’s own label. Don’t know how old it is. But wine keeps, doesn’t it? Every year divers dredge up ancient bottles of wine from a sunken shipwreck. Then somebody drinks it. But nobody wanted to drink this. So it’s gone back in the cupboard for next year.

Is it me, or is Christmas- New Year break getting longer? Closing everything down for a week now seems par for the course. When I started work many years ago, we actually worked New Year’s Day. Wasn’t an issue. Then somebody decided to make it a bank holiday. And until a couple of years ago, there was also a few days between Boxing Day and New Year when you could catch up with stuff. Never understood why there are no trains or buses on Christmas Day but you can still catch a plane to New York.

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Unmasking the Guilty: The Faces Behind The Pelicot Rape Convictions

Have you seen the faces of the 50 guilty men? Nor have I. I’m talking about the men convicted of raping an unconscious woman. I was expecting to see their faces splashed over the front pages of this morning’s tabloids. Instead, another picture of the brave Gisele.

So I don’t understand why those guilty men have been permitted to hide their modesty. Why has no-one ripped the masks from their faces?

As an armchair criminologist, I want to know the motive behind these crimes. Was it the impotent rage of a cuckolded husband smoldering behind a smiling facade until it erupted like Mount Etna? A man who hated his wife but would rather savour his revenge instead of simply divorcing and moving on with his life? But that doesn’t explain why he upskirted other women. Maybe he just hated women.

And what does a sentence of 20 years imprisonment really mean under French law? Is he going to have to serve every day of that 20 years? Or is it like Britain, where 20 years imprisonment means 10 years. Because that’s when you get automatic release. Let’s hope not. Otherwise, it barely amounts to a month’s imprisonment for each rape. Hardly justice.

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Cornwall Council’s Car Park Outsourcing: Legal Concerns Explained

Photo by Jens Mahnke on Pexels.com

I have to query the legality of the proposal by Cornwall Council to outsource the management of up to 22 of its car parks, to take them out of statutory control under the Road Traffic Regulation Act 1984. Isn’t that precisely what Robert Goodwill MP, Parliamentary Under Secretary of State, warned against in his open letter to local authority parking managers of 16th September 2014? Well not quite! Goodwill’s letter was aimed at some councils who thought it okay to opt themselves out of the statutory local authority parking regime and instead manage their car parks under Schedule 4 of the Protections of Freedoms Act 2012, which now governs the management of private car parks. It was the 2012 Act which abolished unregulated wheel clamping on private land and instead introduced a regulated process to enable the owners of private car parks to manage their operations. Though why any local authority could have thought it lawful to opt out of statutory regulation is beyond me. But Cornwall’s case is different because the Minister’s 2014 letter makes no mention of leasing arrangements, which is what Cornwall Council is proposing in this case. Hang on!

The prospective lessee of Cornwall’s 22 car parks is not any old company. According to a council report, the prospective lessee will in this case be a wholly owned subsidiary of Cornwall Council. Least, that’s what the Scrutiny Committee report of 4th September 2024 states:

“Following a successful trial at Tower Headland ( Little Fistral) in Newquay, a new model of managing some of our car parks has been considered which supports the principle of decentralisation. Essentially this involves the transfer of a car park site by means of a lease to a council owned company, who would then manage the land; paying rental at least sustaining the income to the council and removing the liability of the council to maintain and manage the asset.”

A council-owned company! How arms length is that? The only other companies we can see mentioned in the reports are the privately owned Treveth and Conserve, which would be managing the day-to-day operation of the car parks.

Key to the legality of outsourcing an off- street parking place is paragraph 3(1) of Schedule 4 of the Protection of Freedoms Act 2012, which defines ‘relevant land’ to which Schedule 4 applies and which is stated as follows:

“In this schedule relevant land means land (including land above or below ground level) other than:

a) a highway maintained as a public expense ( within the meaning of section 329(1) of the Highways Act 1980;

b) a parking place which is provided or controlled by a traffic Authority;

c) any land not falling within paragraphs a or b on which the parking of a vehicle is subject to statutory control.”

The other thing which I noticed when reading the officer reports is that, as far as I can see, no mention was made of the Minister’s 2014 warning letter. Nor of Schedule 4 of the Protections of Freedoms Act 2012. Forgive me! But aren’t those ‘material considerations’ for any decision of this type? Apparently not. Let’s see what the Parking Adjudicator makes of it.

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Alarmed by Moves to Scale Back Jury Trials

I’m alarmed by pressure from senior legal figures to scale back the defendant’s right to jury trial from intermediate offences carrying a maximum sentence of less than two years.  Yes-I know that there is a two-year crown court backlog.  But whose fault is that?  If the State really wants to do justice to defendants as well as victims, it should appoint the judges and make court-space available to reduce that backlog, instead of closing courts.

As is apparent from the stepping down of former Transport Minister Louise Haigh, the real damage of a criminal conviction is not the derisory penalty handed down by the judge or magistrate but the damage to future life-prospects.  We have already seen proposals by the Scottish Government to remove juries in alleged sexual offences in an effort to improve conviction rates.  Is that really what it’s all about?

I have always been a supporter of jury trials, not only in criminal cases but also in some civil cases, where there are major issues of fact (such as libel or slander), or where an individual is facing the might of the State.  Though as a conveyancer, it is hardly likely that I will be addressing a jury any time soon.  But if ever I was at the wrong end of the criminal proceedings, I would certainly want my guilt or innocence decided by a jury instead of a handful of State-appointees.  We have already seen in the Northern Ireland legacy cases, what happens when an ex-serviceman’s right to jury trial is taken away.  Of course, it is not for me to say whether those ex-servicemen would have been convicted or acquitted if their cases had been tried before a jury.  Only that, without a jury, they didn’t have a chance.