We have removed the link to Dealing with Brexit legal issues from the top of the matter plans as the changes are no longer urgent. The publication remains in the Reference Materials folder of the Practice Management guide for reference.

In the light of the UK Government’s Living with COVID-19 plan the Dealing with legal issues during COVID-19 publication has been amended and updated. This helpful resource can be found at the top of every matter plan and covers a wide range of issues.

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.

As practitioners may be aware, the Financial Services Compensation Scheme increased the length of time that temporary high balances were protected in bank accounts from 6 months to 12 at the start of the coronavirus pandemic. This protection has been reduced to 6 months again from 1 February 2021. The Practice Management guide has been amended accordingly.

To enhance our Practice Management guide, a precedent Referral Fee Agreement has been added helping firms to comply with regulator requirements around transparency and due diligence when accepting introductions from third parties.

A folder containing ALL of the By Lawyers Retainer Instructions precedents has been added to the Practice Management guide. One of the most important tasks when acting in all areas of law is taking the initial instructions. At the commencement of the engagement with the client it is crucial to take accurate, comprehensive instructions covering every necessary aspect of the matter, so the scope of the retainer can be agreed, the issues identified and understood and the client properly advised. Every By Lawyers matter plan has these Retainer Instructions precedents, drafted and refined by experienced practitioners to make this critical process as efficient as possible. They assist practitioners to obtain all relevant information up-front. To make it easier to access these key precedents, especially when seeing new clients where a file has not yet been opened, all 28 of them are now available from a dedicated Library of retainer instructions in the By Lawyers Practice Management guide, under Folder A: The Practice. The availability of these precedents all together in one guide makes it very easy to save or print the relevant Retainer Instructions for any matter type to use in the initial conference with a client even before a dedicated client file is opened. As always, comments and feedback are welcomed.

The By Lawyers Practice Management publication has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and practice. Read more...

By Lawyers have just released a Staff Office Procedures Manual which comprehensively covers a wide range of issues that arise in running legal practices. Useful for all firms, whether start-up, breakaway or well established, we have tailored the manual to help firms run their office day to day. With an emphasis on training and compliance this is an ideal way to ensure that everyone is aware of office policies. Areas which are covered include: Recruitment and induction policies Working procedures such as hours of work, dress code, a code of conduct and training policy Health and Safety Equality and Diversity Internet, email and mobile phone policy Staff leave including for jury service Drugs and Alcohol Bullying and harassment Whistleblowing Disciplinary procedures Conflicts of interest, confidentiality and intellectual property rights Security and cyber-security Guidance on a whole range of other office procedures from anti-money laundering to undertakings Firms can seamlessly implement these office procedures as their own with a view to later development and enhancement or use them as the basis for refreshing and enhancing existing procedures already in place.

By Lawyers have released a Working from Home Policy for adoption or amendment by firms. The new policy outlines consideration of a general nature as well as discussing security and confidentiality, insurance, working hours and so on. This new policy may be found in the Practice Management guide – Library of firm policies.

In response to subscriber feedback By Lawyers has enhanced content relating to staff training and continuing competence requirements. Additional guidance on the topic has been added to the Practice Management commentary and a new precedent ‘Training and development schedule’ provided. This precedent will help subscribers plan, review and record continuing competence activities as required by The Law Society and SRA.

From the 10th January 2020, the 5th Money Laundering Directive (5MLD) will come into force. In support of these new compliance requirements, By Lawyers has made several precedent amendments. In particular the Client Details and Verifying Identity precedent now recommends an electronic identification verification process but continues to support a manual process should that be necessary. Practitioners can elect whether the client has passed the verification successfully or whether the client details have been passed on to the AML Officer for enhanced due diligence. For manual verification practitioners are able to record an acknowledgment that identity documents were produced personally, and the photographic ID was a good likeness of the person producing them. Other changes include: The precedent now captures sex and nationality detail; and Politically exposed persons (PEP) are covered in greater depth with a number of suggested searches firms should be undertaking. The details about a PEP client can be recorded on the precedent along with the provision for a senior partner to authorise the firm to act. The retainer instructions have also been amended to include an acknowledgement that the instructions relate to a PEP and require a senior partner to authorise the firm to act.

The SRA changes coming in on the 25th November has seen the By Lawyers Practice Management manual updated. New information and precedents have been included as well as existing policies updated. Please note the many client care and terms of business precedents have also been updated.

A summary of the rules and responsibilities for client money has been included in the Practice Management guide. They are expressed as a straightforward and easily understood appreciation of the essential obligations and professional responsibility when handling client money.

By Lawyers is monitoring the increasing emphasis on anti-money laundering in the profession. Read more...