Updated guidance for the 34,500 in-house solicitors practising in England and Wales, re-states how those solicitors should respond to the challenges of working for a corporate employer, particularly where employer-demands conflict with the general professional responsibilities which apply to all UK lawyers. Published 18 November, 2024 under the heading, ‘Dedicated Guidance Issued to Support In-House Solicitors’, it provides advice on how to identify and deal with potential conflicts of interest as well as client confidentiality. It also provides advice to corporate employers on how to manage in-house solicitors in a way which does not compromise their professional responsibilities. But there is a limit as to how much information you can put in a couple of dozen pages.
The opening chapters of Local Authority Conveyancing Law and Practice UK. also deals with the same subject matter, but in much greater detail. It addresses the circumstances when a practising certificate is required as well as issues relating to anti-money laundering; professional training; avoiding conflicts of interest and client confidentiality. But whilst the SRA guidance is written for all in-house solicitors, Local Authority Conveyancing Law and Practice focuses on that a tiny proportion of solicitors forming part of an in-house conveyancing team.
It also deals with the challenges facing local authority conveyancing teams, which now exist in a competitive environment where nothing can be taken for granted. It explains what a corporate client really wants from an in-house team, which is not about being cheap and cheerful. The book will also encourage you to look seriously at any opportunities for getting into management. Because management experience does not only look good on a CV. It is also a valuable life skill. But no local authority conveyancing book would be complete without a raft of reference material as well as practical tips on how to manage a conveyancing transaction when you don’t have access to a client account.
Haven’t we learned anything from 1920s prohibition? When stupid politicians voted to ban alcohol consumption across the United States, and in so doing, created the model for organised crime, which still exists today, and lives on In the drug cartels of South America. So shouldn’t we be de-criminalising instead of criminalising otherwise lawful social activity? But here we go again, with Starmer’s plan to ban tobacco smoking in pub gardens and parks, where it does not affect anyone except the smoker.
Sunak started all of this nonsense with his talk about raising the smoking age every year, so that generations going forward will never be able to legally smoke. He did it to take away attention from the housing and cost of living crisis which his government had created.So are we going to see police officers frisking down young people, just in case they are hiding cigarettes? That’s going to be great for community relations! Now Starmer has picked up the reins.
Don’t get me wrong. I’m not a smoker. But I don’t like to see anyone being put out of work just because someone wants to make a political point. Nor do I wish to see the creation of a new criminal underground. Haven’t we got enough criminals already? Or police chasing round after kids and pub- smokers, when they should be catching burglars and shoplifters. If Starmer wants to ban something, he should ban online gambling.That causes much more psychological damage and addiction. As well as family breakups.But no one seems bothered about that. In fact, I’d guess that if you’ve got the wit and the know-how, anyone could start up a gambling platform from their own back bedroom.You wouldn’t need to employ anyone. And you wouldn’t need to rent any premises.You just pay for the software and the marketing.Then sit back and watch the cash roll in. It almost seems too easy.
With a new government on 5 July 2024 now a cert, it is time to think about what this means for UK conveyancers. Here are our own predictions for the year ahead.
Leasehold and Freehold Reform Act 2024
As this non-controversial piece of legislation reached the statute book in the closing days of the Sunak government, it only remains for Starmer to issue regulations bringing it into force. We expect this to be amongst the first tasks for the new Labour government. The legislation is important because it changes the process for dealing with statutory residential lease extensions and enfranchisements as well as regulating freehold estate management.
Renters Reform Bill
This bill, which was already part way through parliament, was one of the legislative casualties of the general election. The key provision of this bill was the removal of section 21 non-fault evictions. Although the removal of section 21 evictions is not quite a roll-back to the bad old days of rent-controls, it will certainly make many would-be landlords and mortgage lenders think twice before going into this market. It may also lead to a loss in private rented accommodation as landlords sell up when tenants vacate instead of re-letting. When it was first introduced on 1 April, 1989, the ability of landlords to regain possession of their properties on two months notice was not particularly problematic because there was a healthy housing market, which made it easier for prospective tenants to pick and choose where they wanted to live and to negotiate how much they wanted to pay. Unfortunately, that is no longer the case because of the depletion of the social-rented sector. So our expectation is that the new government will waste no time in re- launching this bill and pushing it through to royal assent.
Right-to-buy
Unlike Scotland and Wales, we are not expecting the new government to abolish right-to-buy in its entirety but simply to scale it back, in terms of discount, to what was available when Gordon Brown left office in 2010. At that time, the maximum discount on a right-to-buy sale was capped at £16,000. Our expectation is that this £16,000 cap might be increased to reflect price-inflation but fall well short of the generous discounts introduced by David Cameron when he took power in 2010. What this means is that purchasing under right-to buy may no longer be the attractive proposition which it is today. There are also the transitional arrangements which will need to be put in place for right-to buy purchases which are underway at the time the new legislation is introduced. We are not expecting any changes to right-to-buy to operate retrospectively, which would mean that work-in-progress will be allowed to continue to completion of the transaction.
Reform of the Town Planning System
This is going to be the most difficult task for the incoming government as it will be trying to push back against a bureaucratic inertia which has built up over decades and in which the ‘No!’ lobby has remained supreme. It is not just about restoring the house building targets which had already existed until the recent abolition by the outgoing Conservative administration. It is about breaking through the treacle. The bottom line is that town planning is too politicised. With too many vested interests. It shouldn’t be like that. It’s about making the most efficient use of land. Key to breaking through this inertia is to simplify and speed up the appeals process, so that any developer who feels that their application is being frustrated by local politicians, can quickly get their planning application referred to a third party for determination.
V. Charles Ward
Solicitor and Legal Associate RTPI – 15th June 2024
Have I read it correctly? Is US law firm Quinn Emanuel really offering a £180k annual starting salary to newly qualifieds at its London office, starting June 2024? Seriously? Wow! Just shows how competitive the London legal market is at the moment. Everyone wants the best. And they’re prepared to pay.
Sometimes it seems that everywhere we look we see hand-wringing operational failure, particularly when it comes to public services. Some of that failure is gross and inexcusable, like a post office management prepared to sacrifice the lives of individual sub-postmasters to cover up for a broken computer system. Or the administrative failings which contributed to the 2017 Grenfell Tower Block fire and the loss of 72 lives. Or the silencing of whistleblowers which allowed a young nurse to continue killing babies in her care.
More often, operational failings are down to blistering managerial incompetence. Like a police service which never quite seems to get it right. Where police officers are told to dance with protesters instead of clearing a way to enable key workers to get to their jobs. Police officers who took it upon themselves to strip a schoolgirl naked, without even consulting her parents, purely because a teacher imagined that she could smell cannabis. A schizophrenic who was free to walk the streets and kill three strangers because officers had not enforced an arrest warrant issued months earlier. A police service which has, it would seem, given up entirely on the types of crime which can affect all of us, like domestic burglary, shoplifting, car crime or Internet scams. Some incompetence is strategically more serious, like a UK defence capability which has been allowed to become so run down that if the worst happened, we would have to throw up our hands in surrender.
It is no better when we go to our local town centres, with so many former department stores standing empty and boarded up. That’s assuming that we can even get to our local town centre and park our car without having to navigate a ‘pay by phone’ parking system. And why is it every supermarket checkout we go to appears to be short-staffed? No wonder many of us now prefer to shop online.
If we get closer to home, we find a Land Registry now taking up to year to process even the most routine applications. It never used to be like that. And it seems that scarcely a month goes by without another local authority filing, or threatening to file, notice under section 114 of the Local Government Finance Act 1988, because it has not been able to manage its own finances. Though strangely such failings never seem to be anyone’s fault.
I’m sorry, I missed what you just said?
What about covid?
Amongst the fallout from covid was the biggest change in Britain’s working habits for a generation. I’m talking about working from home. It is something which had already been happening before covid, with the development of electronic systems for remote working and online meeting-platforms like Microsoft Teams. All that the covid lockdowns did was to force the pace. Home working for many professionals has now become the norm. Nothing wrong with that. It means the 2 hours we previously spent each day pushing our way through the morning and evening rush hours, can now be devoted to something productive, like our work. Except it didn’t quite work like that. Covid quickly became the ‘go to’ excuse for any substandard service. ‘It’s covid! Innit!’ Sometimes it just feels that no-one cares any more. Oh Well!
But perhaps you do care about your work. Perhaps you want to be part of an in-house team that does its best for its corporate client and the wider public who pays its salaries. A team that makes the best use of the resources available to it, limited as they may be. The good news is that you are not alone. There are thousands of us out there
Getting Into Management – Your Chance to Make a Difference
Here, we are talking about middle management. You are the captain leading your troop, not the general sitting in your oak-panelled office far away from battle. If you work within a large legal department there will always be management opportunities arising from time to time, many of which may not be permanent. Some of these temporary management opportunities might be planned, such as someone going on maternity leave. Or it could be sudden and unplanned, like the chief executive who fell out of a tree. Yes – it really happened!
Going into management doesn’t just look good on a CV. Leadership is a valuable life skill. It is your opportunity to make a difference. To put your own ideas into effect. To make the changes, which you always wanted to make but never had the seniority to implement. To create the team you want to create. To re-set those client relationships which had previously become soured.
In practice most corporate management is a combination of administration and leadership. But it is down to you, how much time you spend dealing with the administrative chores and how much effort you put into leadership.
In the context of administration, there are the endless staff-appraisals and half-year appraisals; attendance at management team meetings; and recruitment, both temporary and permanent. Management styles vary in how much time is devoted to administrative tasks compared with leadership. But whatever happens, the time is spent dealing with those administrative tasks should not balloon to the exclusion of everything else. And even those administrative tasks can provide opportunities for you to demonstrate good leadership. So what makes a good manager? Here are some suggestions:
You look, act and sound like a manager. One of the first things which you might notice when you step into management is that it changes the way other people react to you. Not only the staff reporting to you. But other people as well. You are no longer one of the guys. You are the face of authority. It has to be like that, otherwise you would not be able to deal with the difficult things, like managing under-performance. Whether or not your team like you, you have to be able to command their respect.
You do your best to create an environment in which your staff are able to work efficiently. It is about making sure that they have the best systems within which they do their work and that those systems work as well as they can. Any distractions from productive work are kept to a minimum. Whilst convening staff meetings are an essential part of management, they must be kept to the business in hand. As you are leading the meeting, it is your job to keep discussion focused on the agenda. To brief the team on the things they need to be briefed and to provide an opportunity for constructive feedback. It should not degenerate into a grumble-session or a social chit-chat, more suited to a coffee-break. And try to keep it to the time you have allocated for it. Because all staff-meetings mean that there is less time for staff to do their chargeable-work. So don’t blame them when the monthly figures come in below target. There is no law that says that the meeting scheduled for 2 hours has to last for 2 hours, if you can get through the core business in 30 minutes. Remember that everyone’s time has a value. And remember that every awayday spent out of the office, ‘bonding’ with flipcharts, has a hidden cost above the tea and biscuits and hire of the venue. Can your team really afford to lose a day’s revenue? And here are two little secrets. The first is that some staff love awaydays, particularly if there are quizzes and cake-competitions. But most staff only go along because your senior management has told them to. Wouldn’t they rather be doing their jobs? The second little secret is that when the biggest multi-nationals organise awaydays for their staff, they usually do so over the course of a long weekend. But astonishingly, no one ever complains or demands time in lieu. Why? Would you complain about being given a free all-inclusive weekend at one of the UK’s top golfing-hotels – even if you don’t like golf?
The focus of your team is always outwards towards service delivery and not inwards towards itself. If your team does not deliver for its clients, what is the point of its existence? Let somebody else do the navel-gazing.
You take the trouble to know everything that is going on in your team. Like Lord Alan Sugar, you know every nut and bolt in your team’s product. This is not micro-management. It is about being alert to potential problems before they become a crisis. Electronic case-management systems now make it easy for managers to discreetly dip in and out of individual case files, just to make sure that everything is proceeding as it should, and without those difficult face-to-face meetings with your reportees.
You are clear in your communications with your team so that they know exactly what they are asked to do and that there is no scope for misunderstandings.
Your clients have confidence that you will look after their interests. Even the grumpiest client. They know that you are on their side. That they can turn to you if they have any concerns and receive a prompt and constructive response. You are their troubleshooter. In fact, one of the first things a new manager has to do is to try to repair those client-relationships which previously had not been quite as good as they should have been. You know what your client’s expectations are. It is for you to make sure that those expectations are being met, so that their work keeps coming through.
You lead from the front. You know the job well enough to guide individual members of your team who seek practical advice on operational decisions or solutions to problems. You don’t bat questions back with glib put-downs like, ‘have you tried looking it up?’ Unless you go further by pointing to a suggested source of reference. You take responsibility for your team’s performance. You are not like the chief of police who has never seriously walked the streets and defaults into hand-wringing mode whenever there is a major operational failure which they could have prevented. That chief of police would rather let subordinate officers ‘hang out to dry’ than take any personal criticism. It is the management culture which allowed the Rochdale child abuse scandal to happen. In practical terms, leading from the front can mean that you sit with your team instead of in the glass office at the end of the corridor.
You recognise talent within your team and are able to ‘grow’ individual members of your team. It is not just about having people with the right experience, it is also about recognizing someone’s potential to gain that experience and become a more valuable member of your team. It is about presenting those staff with assignments which will stretch their potential to the limit. One of the advantages of a ‘dip in-dip out’ electronic case management system, is that, like a dual control motor vehicle, you can safely delegate such tasks, knowing that it only takes a moment to take back control if there is a hint that something is about to go wrong.
You are your team’s ambassador. You provide the interface between clients and individual members of your team. You are the person clients will come to the moment they have concerns about the way your team is dealing with their work. If you’re not able to respond quickly and positively to those client-concerns, they may simply take their work away and outsource. Conversely, a job well done, can lead to more were coming through from that particular client including, possibly, entirely new streams of work. You are also someone who is able to repair client-relationships which may have previously become damaged before you even begun managing the team. So you are someone who takes the time and trouble to talk to your clients and to understand their expectations and future work-requirements as well as explaining to them what legal services your team is able to offer over and above what it is already providing to that client.
If the bulk of your team’s work is repetitive volume work, take a tip from Henry Ford. Install a conveyor belt. Metaphorically speaking of course. It means breaking down each volume transaction into a series of repetitive tasks spread between a team of fee earners at varying levels. So someone will be responsible for reviewing the instructions, opening up the file, and downloading land registry documentation and other key information, as well as formerly acknowledging those instructions. Someone more senior will review the land-title and identify any issues. Someone will prepare the initial documentation, based on the standard template, and then issue it. An experienced conveyancer will deal with the exchange of contracts and bring the transaction to completion, including preparation of the completion statement. Someone else will deal with the post-completion work, including submission of the land transaction return, where applicable, and registration formalities. Finally, someone will report back formally to the client regarding the transaction, as completed, with any matters which need to be flagged up for the future. And of course, you will allocate a time-slot for each task. Oh! And don’t forget ‘quality control.’
You do whatever is necessary to ensure, in terms of cost, speed of turnaround, and in the quality of the work, that what your team can deliver matches favourably with anything which the client would receive if they outsourced their work to someone else. In other words, your benchmark should be that of a commercial firm of similar size, expertise and resource.