We have published a new article on Using Retainer Instructions which we hope By Lawyers users will find helpful.

We are delighted to release the first in our 101 Reference Series - a comprehensive reference guide dealing with: estates - probate and administration; powers of attorney; and wills; This is a must-have, easy-reference resource for all firms, providing detailed information in a quickly accessible and searchable format. Tricky questions can be answered quickly using the guide’s alphabetical headings and plain English format. The content can be cut and pasted into letters or emails to clients either in response to an initial enquiry or during the course of a matter. If you would like everyone in your firm to be able to readily answer questions such as the ones below, then the firm will definitely benefit from 101 Succession Answers! What happens if the sole executor dies? How far does the personal liability of an executor extend? Can a solicitor take a benefit under a will that the solicitor has witnessed? What happens if the attorney acting under a power of attorney becomes bankrupt? Under what circumstances might a grant of probate be revoked?

The By Lawyers Criminal Law Guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and practice. The extensive review takes a practical approach, drawing on our considerable experience to cover all aspects of procedure, with a focus on practical tips that will help practitioners to run a criminal matter to completion confidently. Commentary and new precedents dealing with the following areas have been included: The victim surcharge and Cuthbertson, R. v [2020] EWCA Crim 1883; The professional users access scheme; Family proceedings disclosure; The effects of the Criminal Procedure Amendment Rules 2021; Cautions, community resolutions and triage; and Perjury. We invite you to explore this updated publication and to consider the wealth of assistance the Criminal Law Guide offers.

A precedent Damages-based Agreement has been added to the Debt Recovery guide along with a new letter to the client and enclosure explaining the purpose of a damages-based agreement. The commentary has also been enhanced with some relevant discussion. We invite you to explore this updated publication. Comments and feedback are always welcomed.

To assist practitioners working in estate administration, the Probate and Letters of Administration guides have been enhanced with commentary covering variation of testamentary and intestate dispositions and the effect that they may have on the estate’s tax position. In addition, 11 new post-death deed of variation precedents have been published which cover the most common requirements. We invite you to explore these updated publications. Comments and feedback are always welcomed.

Two special conditions have been added to the Library of special conditions found in the C. Contract folder of the Sale of land matter plan. These relate to the buyer reimbursing the seller for the costs of searches or reports and the buyer’s responsibilities where a property is sold subject to a tenancy agreement.

We have published a new commentary, A summary of the key obligations of the Anti-money laundering guidance for the legal sector which sets out the essential information that practitioners need to know to ensure that they comply with the requirements of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. The new commentary can be found in the Compliance requirements folder on every By Lawyers matter plan. The goal of By Lawyers is take the intimidation out of the law and ensure that our clients enjoy practice more. As a result, all By Lawyers commentaries are published with a focus on providing a sensible appreciation of law and practice in England and Wales.

In accordance with the recent approval of a new Practice Direction 57AC promoting and enforcing best practice during the preparation of witness statements, the general precedent Witness Statement – Civil matters has been amended to include the new required wording. This can be found in the C. Blank Deeds, Agreements, Statements, Declarations, Consents & Execution Clauses folder which is on every matter plan. The wording is required in all witness statements which are signed on or after 6 April 2021 and are for trials in the Business and Property Courts. We are including the changes now so that practitioners are able to plan ahead and prepare their witnesses accordingly. Comments and feedback are always welcomed.

With criminal practitioners being busier than ever, we have enhanced our Criminal guide with a library of new initial letters to clients. Designed to accompany the Client Care and Terms of Business which are sent after the first meeting with a client, these letters have sufficient space for case-specific details and advice and already include the sentencing guidelines for an offence. The library can be found in the B. Getting the matter underway folder of the Criminal Magistrates Court matter plan and includes letters for the following offences: Drink driving Possession of Class A drugs Possession of Class B drugs Possession of Class C drugs Criminal damage Robbery – Street and less sophisticated commercial Wounding with intent Rape We encourage practitioners to use these letters, and welcome feedback and suggestions, particularly if other offences may be useful.

The Criminal commentary has been enhanced with information about the new technology and case management platforms being introduced in police stations, prisons and courts. More detail has also been added around the practical aspects of hearings, including video and telephone hearings. New guidance leaflets for clients Enclosure – Checklist for client going to court, Enclosure – Information sheet – Magistrates’ Court process and Enclosure – Information sheet – Crown Court process have been added to assist practitioners in preparing their clients.

The Companies commentary has been updated to enhance our offering in respect of put and call options, directors’ duties and wrongful trading, and issues relating to insolvency of a company. We have also added guidance for those acting for a supplier including a retention of title precedent. We invite you to explore this updated publication and welcome Comments & Suggestions as always.

By Lawyers are delighted to announce the release of our new publication on Enfranchisement. This useful new publication will enable practitioners to guide freeholder and tenant clients through: Collective rights – Enfranchisement Tenants right of first refusal Collective rights – Right to manage Individual rights – Enfranchisement of a leasehold house The commentary discusses important issues in these areas including: Qualifying criteria Valuations Costs Timetables Bona Vacantia, County Court and First-tier Tribunal applications Conveyancing processes Withdrawal and termination The new guide also contains a complete suite of essential and useful precedents such as: To Do lists with timetables Enclosures for clients explaining the process All the statutory forms and notices Tenants Participation Agreement Articles of Association for a Right to Manage Company Statutory Declarations of occupation Deed of Surrender of Lease This guide is an invaluable tool for all practitioners working in leasehold property departments, including those with limited experience or supervising less experienced practitioners.

The Powers of attorney, advance decisions and court of protection commentary has been enhanced covering the creation and registration of lasting powers of attorney in greater detail. We have added discussion of the finer points of how and when the documents should be signed, as well as giving more information about using the online portal. We invite you to explore this updated publication. Comments and feedback are always welcomed.

Legislation has now come into force permitting wills to be executed and witnessed using video-link facilities. The legislation has retrospective effect, meaning that any wills executed using video-conferencing since 21 January 2020 will be valid if the correct process was followed. The Wills commentary includes detailed discussion of the processes involved in the witnessing of a will using video-link. Precedents for client instructions, a practitioner’s checklist and an attendance note have been created, as well as example wording for a will attestation clause. We invite you to explore this updated publication. Comments and feedback are always welcomed.

The Debt Recovery – Acting for the Defendant commentary now includes greater detail on the process for applying to set aside a default judgment order. Example content has also been written for a Draft order – Setting aside default judgment on the basis of a real prospect of defending the claim. This, together with all the other forms needed for this application, are in matter plan folder F. Default judgment and summary judgment. We invite you to explore this updated publication. Comments and feedback are always welcomed.