Newsletter – July 2020

From the CEO

As the UK emerges slowly from lock down, we at the CLSB have also been looking to the future. July is the time when we set our priorities for the year ahead, and we need your feedback to make sure we’re getting it right.

We have been busy developing our Business Plan and budget for 2021, both of which can now be found on our website. In 2021 we will be evaluating the success of some of our 2020 initiatives, including changes to CPD and the digital practising certificate renewal process. We will also be launching a series of new flagship projects, including a deep-dive look at risk in the profession and a review of our approach to monitoring compliance.

Against the backdrop of coronavirus, we are working particularly hard to keep the cost of regulation down and are making efficiency savings wherever we can. Our intention is to keep the practising fee at the same level in 2021 as in 2020, at £275.

We are seeking your views on all this and more in our practising fee consultation, which is now open. There are more details in the Regulatory News section below.

Otherwise, I hope we can all enjoy a bit more normality over the coming weeks, whether in the guise of a well-earned break, a cautious return to the office, or sending the kids back to school.

Kate Wellington

CEO

Regulatory News

New Practising Rules in force from August

On 1 August new Practising Rules will come into force for Costs Lawyers. These rules set the criteria for obtaining your annual practising certificate. The changes will modernise the practising regime and facilitate the move to a digital renewal process later this year.

The Practising Rules are supported by new guidance on imposing Conditions on Practising and updated guidance on Indemnity Insurance.

The changes are unlikely to affect the way you practise day-to-day, but you will notice some changes to your practising certificate application form.

You should also be aware of changes to the disclosure requirements in Practising Rule 4. This sets out the events you need to tell us about during the year, covering things like criminal offences, adverse civil court orders, financial difficulties and disciplinary action taken against you. The disclosure requirements have been updated to reflect changes in the law and regulation.

If any of these events apply to you, please tell us now. You will be prompted again when you renew your practising certificate.

Updated guidance on insurance, AML and client data

We have recently updated our Guidance Notes on Indemnity Insurance, Anti-Money Laundering and Retention of Client Data and Files.

Take a look at the Indemnity Insurance guidance if you are a sole practitioner, are involved in procuring insurance for your firm, or aren’t sure whether you are fully covered by your firm’s policy. The guidance now includes advice on assessing risk and choosing the right policy terms for you.

Our updated guidance on Retention of Client Files and Data looks at your GDPR and confidentiality obligations in relation to client files, covering retention periods and information requirements.

While Costs Lawyers do not fall within the regulated sector for money laundering, you still have obligations (like everyone else) to ensure you are not facilitating money laundering activity. Our Anti-Money Laundering guidance will help you meet those obligations.

Additional CPD opportunities

In response to our coronavirus impact survey, some Costs Lawyers told us they were having trouble accessing affordable, relevant CPD during the pandemic. As part of our response, we published a list of online training opportunities on the COVID-19 page of our website, which you might like to consider in meeting your CPD requirements this year.

We have recently added two new opportunities. The first is a free online seminar entitled A to Z of a Solicitors Act Claim, being run by Hardwicke Chambers on 15 September for CLSB regulated Costs Lawyers. The second is the free Fit for Law online training course run by our friends at LawCare.

The Hardwicke seminar will look at solicitor-client costs disputes from the point of complaining about a Bill through to the end of assessment, covering procedure, time scales, disclosure issues, costs breakdowns and hearings.

There is more information about the Fit for Law programme in this month’s blog, under the Spotlight On… section of the newsletter.

We will add other events to the list of CPD opportunities on our website as we become aware of them.

CPD in 2020

Please note that you will still need to obtain the minimum 12 CPD points in 2020. The CLSB board recently considered this issue and emphasised the vital importance of ongoing learning and development in maintaining professional competency.

Dispensations will be available on a case by case basis for Costs Lawyers who can evidence that they have been personally affected by coronavirus this year, including those who have been on long term sick leave. You also won’t need CPD points for any full months when you were not working, for example because you were furloughed.

There is more information in the FAQs section of our CPD webpage, or you can get in touch if you have questions about your individual circumstances.

Practising fee consultation

We are now consulting on the practising fee for 2021. We are proposing to keep the fee the same as in 2020, at £275.

The consultation poses various questions about the impact of the fee, the benefits and costs of regulation, and the CLSB’s plans for 2021. We would encourage you to respond on any matters that are of interest to you.

The closing date for the consultation is 6 September 2020 and responses can be sent to [email protected].

Spotlight on… emotional competence

In this issue, we turn our spotlight on an important but often neglected skill: emotional competence. Elizabeth Rimmer, the CEO of LawCare, highlights the role of professional resilience in being a successful lawyer and tells us about LawCare’s free online training resource, Fit for Law.

Often lawyers enter the workplace without the emotional competencies needed to meet the demands of an evolving profession. You will spend much of your time as lawyers dealing with people, clients, managers, colleagues – yet most will have little or no training on the complexities of dealing with different personalities or managing people. It is clear to us that lawyers need more support and training in emotional competence, which can help them deal with some of the stressful situations they are likely to face. Are you Fit for Law?

Read More

Up and Coming…

Expect more from us shortly on:

  • New e-forms for renewing your practising certificate
  • Updated guidance on referral fees and fee agreements
  • Changes to the CPD Rules for the 2021 practising year
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