Understand Your Rights. Solve Your Legal Problems
The European Union and Mexico have finalised the terms of a new trade agreement, four years after negotiations started. The two parties may now begin the process of ratifying the agreement.
During a phone call on Tuesday, European Trade Commissioner Phil Hogan and Mexican Economy Minister Gracelia Márquez Colín came to an agreement on the last outstanding elements of the deal, specifying the exact scope of the reciprocal opening of public procurement markets and committing to transparency and predictability in public procurement processes.
Once it is ratified, this new trade deal will replace the EU-Mexico Global Agreement, which was first agreed in 2001 and mainly concerned the trading of industrial goods.
“While most of our efforts have been focused lately on tackling the coronavirus crisis, we have also been working to advance our open and fair trade agenda, which continues to be very important,” Mr Hogan said in a statement.
“Openness, partnerships and co-operation will be even more essential as we rebuild our economies after this pandemic. I am very pleased, therefore, that together with our Mexican partners, we share similar views and that our continued work could now come to fruition.”
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A core premise of the new agreement stipulates that practically all goods traded between Mexico and the EU will be duty-free, along with simplifications to customs exports aimed at boosting European agricultural exports.
Mexican banana farmers also stand to benefit, with the reduced quota tariffs giving them a competitive advantage over other Latin American nations.
Additionally, the deal includes more progressive rules on sustainable development, including a commitment to effectively implementing the Paris Climate Agreement.
Neil Williams of business crime solicitors Rahman Ravelli outlines why the Covid-19 pandemic may mean the SFO cannot return to business as usual.
While these are uniquely testing times for many of those in business, the situation is perhaps least straightforward for the Serious Fraud Office (SFO). While many in business and finance will – it is hoped – return to workplaces at some point in the near future to resume what they did in pre-virus times, it is unlikely to be so simple for the SFO.
By the time things return to anything like normal, the SFO’s version of normal may differ significantly from what it was just a few months ago. This could, given time, be an opportunity for the agency to show its mettle and expertise as it meets a variety of new or increased challenges. But any perceived failure to meet those challenges could lead to questions about its effectiveness. It is, after all, only three years ago that the then Prime Minister intended to hand the SFO’s duties to the National Crime Agency.
Such a plan was eventually dropped. But now the SFO will now have to juggle its existing workload – which it tends to tackle with mixed results – with what is certain to be a slew of new investigations arising from coronavirus.
By the time things return to anything like normal, the SFO’s version of normal may differ significantly from what it was just a few months ago.
There is likely to be a public interest in – and strong backing from the public for – investigations and prosecutions of businesses and individuals suspected of making or attempting to make fraudulent gains from the healthcare challenges posed by the pandemic. Whether this is by price fixing of pharmaceuticals or equipment, pandemic-related investment fraud, the sale of counterfeit medical products or online selling of goods at hugely inflated prices or goods that do not exist, the SFO may well have a huge amount of pandemic-related work coming its way. Having had its fingers burnt many years ago with its failed Operation Holbein investigation into pharmaceutical price fixing – which was, at the time, the SFO’s biggest ever prosecution – it may not be relishing any more such cases.
Yet there is a strong possibility such cases will arrive at the SFO’s door. As will allegations relating to those looking to use real or non-existent charities as vehicles for fraud. It would also be a huge surprise if the government’s Coronavirus Job Retention Scheme was not targeted by those in organised crime looking to make fraudulent gains. Chancellor Rishi Sunak has also acknowledged that the payment scheme for the self-employed may also be vulnerable to fraud.
The SFO, therefore, may soon have a bigger workload due to recent events. But such events may also indirectly lead to the SFO facing more challenges from the past.
Warren Buffett’s quote, “It's only when the tide goes out that you discover who's been swimming naked,’’ may not have won any awards for good taste but the point it makes remains valid – when the economy takes a turn for the worse we get to see who wasn’t as legitimate as they appeared before the bad times. The economic problems that coronavirus prompts may reveal historic fraud that would otherwise have remained hidden. And that may well produce more work for the SFO.
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The situation at this very moment may mean that the SFO has time to examine cases that have been in the in-tray for a long time while more pressing ones demanded immediate attention. The SFO is now in a position to do some spring cleaning in relation to the cases that do not usually receive prompt action; either because they are not considered urgent or because they were simply too time consuming to make swift progress on. The SFO Director Lisa Osofsky has often spoke of her desire for her agency to move swiftly and efficiently. The lockdown may well give the agency the chance to tackle investigations that have been lingering too long for her liking.
The SFO could, therefore, view the virus-related lockdown as a blessing that gives it the chance to play catch-up on some cases. But it could equally come to regard it as a curse, if and when the avalanche of expected virus-related fraud cases arrives on its desks.
Precisely how such matters will develop is impossible to forecast with pinpoint accuracy. But what can be said with a degree of certainty is that the SFO is facing a number of challenges. They may not all be new. They may not all arrive at the same time. But how it manages the workload that COVID-19 looks set to induce will be provide a true indicator of the SFO’s own health.
The very first month of 2020 saw Travelex, Microsoft and Regus experience high-profile data breaches. The enactment of GDPR and the ICO’s intention to fine British Airways £183m for its 2018 cyberattack – plus the estimated compensation pay-outs that could reach the billions – has not resulted in businesses taking cybersecurity seriously.
But how much of this inaction is down to a lack of understanding about data safety? The increasing digitalisation of information storage is not being met with additional staff training and employees are often unaware of how to avoid simple data leaks that could have catastrophic consequences.
So, how can businesses approach data security and protect themselves from any reputation-tarnishing breaches? Aman Johal, Lawyer and Director of Your Lawyers, shares his advice with Lawyer Monthly.
The importance of educating your staff about cybersecurity cannot be understated. If your employees are not clued up, you don’t have a viable defence. Your defence is only as good as the weakest link – it’s as simple as that.
But despite the constant threat to consumer data, businesses are still dragging their heels and failing to upskill staff or at least bring in experts. For example, the 2019 State of IT Security Survey found that email security and employee training were the top issues faced by IT security professionals. Yet, more than 30% of employees surveyed by Wombat Security Technologies didn’t know what phishing or malware was. That’s almost a third of employees not even knowing what two of the most basic forms of cyberattacks are.
There’s a clear gap between what employees need to know about cybersecurity and the training opportunities available to them from their employers.
Your defence is only as good as the weakest link – it’s as simple as that.
The risks posed by not educating your staff extends beyond defence. For instance, without adequate training, your staff can easily end up being the cause of a data leak. This was the case in the New Year’s Honours list leak, where a member of staff didn’t seem to think that publishing the addresses of more than 1,000 honour recipients constituted a data leak. It was a farcical and avoidable act which showed a total lack of regard and understanding of the most basic security protocols.
A similar situation arose with the Wyze Labs data breach in December. Here, a mistake by an employee when using the company’s database exposed the personal information of 2.4 million users, including protected health information and email addresses.
Your employees need proper cybersecurity training to protect themselves and the company from cyber-attacks, and data protection training to avoid other breaches and leaks. By making employees aware of security threats, how they might look and what procedures to follow when a threat is identified, you’re strengthening the most vulnerable links in the chain.
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At the same time, it’s the employers’ responsibility to make sure that employees are not put in a position where they can cause a data leak. The 56 Dean Street Clinic and the Charing Cross GIC clinic leaks are perfect examples. Instead of the organisations making use of readily available mass mailing software, employees were instead left to send emails to people using the BCC function. Unfortunately, on both occasions, the BCC function was not used, and the recipients’ private and sensitive confidential medical data was exposed.
These events are often referred to as “human error” breaches. In reality, they are the result of systemic failures within the organisations.
All businesses are legally required to take all reasonable steps to prevent cybersecurity incidents. They should have effective defences and infrastructure in place to prevent third-party threat actors from gaining access to their systems, networks and information. It should be thorough: from basic protocols, such as encrypted storage, to the use of professional tools like firewall protection.
We know that businesses still take a lax approach and almost seem surprised when a data breach is followed by a hefty regulatory fine and compensation claims. The rules are clear – if you breach the law, you can be liable to compensate those affected.
British Airways was recently handed a provisional fine of £183 million for their 2018 cyberattack. But this financial cost does not account for the huge bill to compensate consumers – estimated to be £3 billion – and the loss of consumer trust which follows a data breach.
The rules are clear – if you breach the law, you can be liable to compensate those affected.
Security experts have suggested that British Airways could have spent as little as a few thousand pounds on a bug bounty to avoid their infamous 2018 cyberattacks. Instead, they’re facing costs that may hit the billions.
It’s not an understatement to say that competition in sectors could be shaped by data breaches. Those who experience an attack could face reputational damage that’s so significant that they lose market share, and the costs of meeting regulatory fines and compensation claims could be ruinous. Businesses simply cannot afford to treat cybersecurity as an afterthought and must urgently be more proactive in their approach and bolster their online security if they have not already done so.
Bridget Deiters, UK Managing Director at InCloudCounsel, breaks down the latest developments in LawTech and what they mean for the UK legal sector.
The legal sector is undergoing rapid transformation driven by technology, with agile legal tech service companies introducing better ways of practicing law and delivering legal services. In a survey by Robert Half Legal, 34 percent of responding lawyers said in 2017 that emerging technologies would have a greater impact on the practice of law during the next five years than governance regulations, globalization, and even data security concerns; and, in the Thomson Reuters 2019 Legal Tracker LDO Index, 70 percent of law department attorneys ranked the use of technology to simplify workflow and manual processes as a high priority.
With respect to transactional legal work, the services offered by alternative legal service providers (ALSPs) range from AI-driven document review apps to end-to-end tech solutions for managing routine agreements, such as NDAs and vendor contracts, and helping companies streamline high-volume legal tasks.
Given their focus on identifying and mitigating risks for demanding clients, lawyers have historically been reluctant to adopt new technologies, but as more ALSPs prove their reliability, that reluctance is gradually declining. Around 50 percent of corporate legal departments surveyed in 2018 reported they were concerned about ALSP quality, compared to 58 percent in 2016, according to research by Thomson Reuters, Georgetown Law, Oxford Saïd Business School & Acritas.
Particularly in the case of recurring transactional work, ALSPs with technology-enabled solutions have demonstrated their accuracy and utility, thereby addressing a fundamental flaw in the pricing of legal services: how to differentiate between bespoke, highly-sophisticated legal work and routine, high-volume documentation, diligence and compliance processes that are often repetitive and time-consuming.
Given their focus on identifying and mitigating risks for demanding clients, lawyers have historically been reluctant to adopt new technologies, but as more ALSPs prove their reliability, that reluctance is gradually declining.
In most large law firms, routine work is delegated to the least experienced people on the team. This often means that clients are being billed at premium law firm rates for low-value work done by junior lawyers.
A better option for law firms and their clients may be to outsource that high-volume, routine work to a tech-enabled ALSP that has affiliated law firms or networks of experienced lawyers who can deliver high-quality work without the premium law firm price tag.
By partnering with an ALSP or by connecting their clients with an ALSP with a proven track record of reliability, law firms can focus their resources on resolving their clients’ most challenging legal issues.
Similarly, in-house legal departments are often tasked with routine contract work that distracts them from focusing on value-generative legal work that leverages their institutional knowledge and directly supports key business goals. Outsourcing routine work to a specialist ALSP frees an in-house legal team to dedicate as much time as possible to the projects that matter most. When legal teams have time to focus their expertise on those important projects rather than routine work, the company relies less on expensive law firms and more on their in-house talent to meet their legal needs.
The rise of legal tech has also had a positive impact on legal talent, as it breaks from the traditionally binary career options (law firms or in-house) and gives corporate lawyers a third option. Establishing a solo practice or small law firm is an exciting prospect, but it is risky. A lawyer who is offered the opportunity to join a talent network managed by a tech-enabled ALSP can combine practice and entrepreneurship, engaging with high-calibre clients and choosing the types of projects best suited to their strengths and skill sets.
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Partnering with an ALSP allows lawyers to have a private practice without the burdens of business development, firm administration, billing or accounts receivable. Moreover, technology enables lawyers to practice law from anywhere, freeing lawyers who want to work with high-calibre clients to live outside of major financial centers if they choose to.
The opportunities for a more flexible working style enabled by legal tech also address the challenges of attracting and retaining talent in the legal industry. ALSPs allow more lawyers who are parents or who have other care responsibilities, side projects, or personal interests to stay in the legal workforce. Innovative technology platforms and business models created by ALSPs are bringing about changes like this.
In the UK, the leaders in the legal tech market are becoming increasingly established and recognised by law firms and their clients as reliable, low-risk options for legal work, offering innovative ways of delivering legal services that benefit all parties and provide added value. Investment in the UK’s legal tech industry is likewise growing, with startups receiving at least £62 million in 2019 and the UK government making a modest commitment to the sector of slightly more than £2 million last year.
As the legal sector adopts technology and ALSPs, law firms are liberating themselves from work that doesn’t align with their value proposition, lawyers are exploring new, adaptable career options, and clients are using their legal resources more effectively and more efficiently.
The unexpected death of a loved one is something that is difficult to come to grips with no matter the circumstances. However, if that death was caused by the negligence of another person, it can be even more devastating to the survivors of the deceased. In such difficult times, there is very little anyone can do to relieve the grief of the people the deceased left behind. Money certainly will not help to do so but it can ease the burden of those closest to the deceased and help to make sure that they are financially secure.
If a loved one died due to the negligence of another, then their family can make a wrongful death claim. A wrongful death claim can be made if someone died because of an accident caused by someone else or if they died because of a deliberate act by someone else, i.e murder or manslaughter. An experienced wrongful death attorney can help the family of the decedent file a wrongful death lawsuit so that they can receive compensation to help them bear the financial burden incurred by the loss of a loved one. If you live in the Miami area and have lost a loved one because of wrongful death, ensure you seek out the help that you need.
A wrongful death suit is related to a criminal charge against someone that caused the death of another. The main difference is that a criminal charge is punitive, meaning that it is about punishing the wrongdoer, typically with fines and/or imprisonment. However, a criminal case does not award financial damages to the family of the deceased. In order to receive damages, they need to file a civil suit, which in this case, is a wrongful death charge.
The person who brings the wrongful death claim is called the plaintiff and the person accused of causing the wrongful death is the defendant. The plaintiff is usually a close family member of the deceased and they usually file the lawsuit on behalf of all the heirs of the deceased. If the deceased person had a will, then the plaintiff is the executor of their estate or a personal representative.
The plaintiff is usually a close family member of the deceased and they usually file the lawsuit on behalf of all the heirs of the deceased.
In order for a wrongful death case to proceed and to have a good chance of success, it needs to have the following elements:
Duty of Care. This simply means that the defendant was in a position where they should have acted in a responsible manner to the deceased. It can be something like a doctor owing a duty of care to their patient by prescribing the right medication. Or it could be a driver owing a duty of care to other drivers and pedestrians on the road by driving safely and following the rules of the road.
Breach of Duty of Care. Once it has been established that the defendant owed a duty of care to the deceased person, it must then be proven that they violated that breach. In the examples above a breach of duty by the doctor could be a misdiagnosis that leads to death. In the case of the driver, their breach could be that they were texting while driving and their distraction led to an accident.
Causation. The plaintiff must prove that the breach of duty was the cause of the passing of the deceased. That means the doctor’s malpractice directly resulted in someone’s death or that the accident caused by the distracted driver resulted in a fatality.
These are the same elements that you would see in a personal injury case, and for the most part a wrongful death case is similar to a personal injury case. The main difference of course is that in a wrongful death case, the personal injury resulted in someone’s death rather than just an injury.
In a wrongful death case the surviving family members receive damages related to the loss of a loved one. This can involve quantifiable monetary damages like the loss of inheritance, medical bills for the period when the deceased was still alive, and funeral expenses. They can also include non-measurable factors like pain and suffering, loss of parental guidance, loss of consortium, and more.
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If you have recently lost a loved one due to the negligent or intentional act of someone else, then the last thing on your mind is calling a lawyer. However, that can be a necessary step in addressing the incident since they can help you with your wrongful death claim. That claim may not ease the emotional burden left behind by the untimely death of a loved one, but it can ease the financial burden. So contact a wrongful death lawyer so that you do not have to worry about the financial aftermath of a loved one who was taken from you well before their time.
The last three months have most likely changed the way we live and work forever. As a profession we have turned to technologies such as video conferencing that many within the legal services professions might have previously seen as a suboptimal way of servicing clients, but which turn out to have found favour. Mark Lello, Partner and Notary Public at Parker Bullen LLP, explores the failings of traditional law training programmes and how the COVID-19 crisis has exposed them.
Necessity has also seen calls for changes in the law, for example in for example in the move towards electronic signing and witnessing of wills, something that we have been demanding for a long time, because even before COVID-19 many clients had mobility issues. I should add that we still see a similar need for change in notarial services.
But perhaps the most stark change is how we have had to manage our business in times of crisis, and how this has called for skills which are lacking by too many within our profession.
Crises of one sort or another are cyclical. Thirteen years ago we suffered a global financial meltdown and nineteen years ago the world was shocked by the events of 9/11. Thankfully such crises are infrequent, but the result is that there will be a large number of Partners across the UK who have never experienced business turmoil, and have limited experience and knowledge to call upon.
Crises of one sort or another are cyclical.
But it’s not just crises that many lawyer trainee programmes fail to address. Practical issues such as winning new business, client handling and how to run a meeting are often learned by osmosis rather than in a structured manner.
Our experience also shows that many legal issues are not discussed or are simply skirted over in traditional education environments, including the thorny issue of when a contract exists even though there is no formal contract and the likes of quantum meruit.
Another problem that often needs addressing is the fact that law is very siloed. The overarching needs of both private and corporate clients are often ignored as the solicitor does not have the depth of experience to talk through the issues. A prime example of this is the universal need for a Power of Attorney which is equally important for owners of businesses and arguably should be put in place at the same time as a shareholder agreement.
The goal of the Parker Bullen Training Academy (PBTA) is to complement the 'on the job' experience with content that trainees may not usually come across, but which is nonetheless necessary to add value to their clients, colleagues and employer on a day to day basis or when a crisis occurs.
In part the training modules have been designed around the unknowns I wished I had been told when I was a junior lawyer. Good examples of this are the importance of marketing as an integral part of one's practice and the 'internal market', not just the external customers, for your services – making sure your colleagues know you.
Having to furlough trainees has presented its own opportunities and challenges. The challenge has been to continue to deliver SRA training while not breaching the conditions of the furlough, so participation has been optional. The benefits were plainly measured in time, both for the trainees and the instructors. An additional benefit was seen in giving everyone a sense of purpose and as a result the feedback has been exceptionally positive.
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When redesigning the PBTA we looked at other organisations which had similar business issues and customer dynamics to ours, to see if we could learn from their experience and knowledge base.
For Parker Bullen the way Goldman Sachs approach training fit perfectly, especially their small business course. What we found particularly useful is the way Goldman Sachs addresses the likes of developing employees for future leadership roles, and how colleagues and clients may behave in the workplace.
We have also designed the new training scheme to be flexible and to adapt and evolve alongside the needs of the business and our clients. A good example of the latter is in developing a module on franchising, as we have a strong presence in the military locally, and many ex forces personnel choose franchising as employment post their service.
In conclusion, out of the adversity of COVID-19 we are trying to build a better and stronger business. Integral to this is looking at the training programme and seeing how it can be improved to provide our future leaders with the skills to drive the business forward at a much earlier age.
As the end of the spring semester approaches, thoughts would usually be turning to forthcoming law exams. This year, to replace face-to-face exams, universities are using a range of different formats for their module assessments. This might involve open-book exams to be completed at home, more focus on coursework or even some form of online test. Whatever the format, end-of-year assessments are always stressful. Emma Jones, Senior Lecturer in Law at the University of Sheffield, shares some top tips for handling the stress.
The last few weeks have been stressful times for both staff and students with lots of changes being made to assessment formats, timings and pretty much everything else! You are probably getting lots of emails about all these changes. It is important to read these carefully, save them somewhere you can easily refer back to them again and perhaps even print them out to highlight key points to remember.
If there’s anything you aren’t sure about, it’s important to get in touch with your seminar tutor, module convenor or personal tutor to ask about it. It may take them a little longer to respond than usual, but be patient, they are dealing with lots of changes too.
As soon as you are given dates and details of any assessments, keep a careful record of these. It’s a good idea to use a calendar or diary to write all the dates/times in one place. Once you have this information, you should write out a plan, allocating times to work on each individual assessment.
If you have any deadlines close together, make sure you are starting well in advance to give yourself plenty of time and avoid a last minute rush.
As soon as you are given dates and details of any assessments, keep a careful record of these.
Once you have your plan, it’s important to stick to it. It can be hard to keep to a routine when you’re studying at home, but there are things you can do to make it easier. These include:
Most Law Schools are now offering some form of online teaching and support, whether it’s online lectures and seminars, discussion boards and forums, online meetings with staff, or some mixture of these. They are designed to help you achieve your goals, so it is important to make the most of them. If you can’t join in a particular seminar or session, find out if it’s being recording and listen to that. Even if you don’t feel up to posting on a forum, you can still read what others have said. Having said that, do join in and contribute as much as you are able to do so – it will make the activities more engaging and interactive for everyone.
Most university libraries have great online collections, including databases such as Lexis Library, Westlaw and Lawtel for primary sources such as cases and legislation. They will also have subscriptions to a wide range of law (and other) journals and are likely to have online copies of lots of core textbooks too. If you are trying to locate information for your assignments, remember to make your university library your first port of call. It’s important not to rely on google or Wikipedia or similar if you want to produce your best academic work.
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When it’s time to tackle your assessments, don’t try to work 24/7 on them. If you are given a specific time period to write them in, then that period will have been calculated to give you more than enough time to finish your work and build in breaks and rest periods. Aim for working for a certain period of time (say, 45 minutes) then building in a break. This will give your mind time to refresh itself. If you are working at a laptop and computer it’s also important to do some physical movement and rest your eyes regularly.
Although end-of-year assessments are important, your wellbeing is more important. This is a difficult and challenging time for everyone and it is vital that you realise this and be kind to yourself, as well others. If you are struggling, do reach out to family and friends. Your university support services are also likely to be able to provide support and guidance.
So, organise your time and space, take advantage of the resources and support available, ask for help when you need it and, most importantly, look after yourself.
Here in Ireland, the average PIAB award for a whiplash case is €18,581 in general damages (pain and suffering), plus €1,456 in special damages (medical expenses, loss of earnings, and other costs), making whiplash compensation payments around 4.4 times higher than the average of our neighbours over in the UK.
Whiplash compensation is a controversial subject in Ireland, where the allure of what are perceived as large pay-outs has led to allegations of a “compensation culture” that has caused insurance premiums to rocket upwards. It is interesting to note however, that these allegations have tended to come from the insurance industry who have so far been unable to produce any evidence of such a culture or its impact on premiums.
Irish Prime Minister, Taoiseach, Leo Varadkar, is considering new proposals based on allegations that some claimants exaggerate the pain and suffering involved in their injury. Again, such allegations have tended to come from the insurance industry and business interests without hard evidence to support these claims. There has certainly been a rise in insurance premiums particularly by reference to the UK market. Whether this is driven by the behaviour of some claimants or by insurance industry profit taking is unclear. The only party with the facts to confirm or deny these claims is the insurance industry and, so far, they have not disclosed it.
Whatever the merits of the claims being made by those seeking to reduce whiplash claims, they are certainly proving influential at the highest levels in government in Ireland: “We all know that about 90% of people, once they receive payment, no longer need to attend treatment for their whiplash, it seems that the cure for whiplash is compensation payment in Ireland and not any medical treatment”, says Varadkar.
One of the main difficulties with whiplash claims is that they are incredibly difficult to disprove. So, if two vehicles collide but with only very minimal damage to both, insurers will often settle out of court for a lower fee of, say, €10,000, rather than risk losing in court and paying six times that amount.
The cost of insurance in Ireland is 48% higher than at its lowest point over a decade ago and significantly higher than in the UK. What is not clear is what is driving this increase and differential. The insurance industry claim that it is due to much higher reinsurance spending rather than higher claim costs has been the biggest single factor affecting firms’ bottom lines in recent years. An alternative explanation is the possibility of excessive profit taking by insurers in the small and relatively captive Irish market. The case remains to be proven either way.
The cost of insurance in Ireland is 48% higher than at its lowest point over a decade ago and significantly higher than in the UK.
The Ministry of Justice in the UK has been leading reforms to The Civil Liability Act 2018. The legislative changes include:
Another significant change will be the introduction of a ‘small claims track’ limit to £5,000. This will mean that, if a claimant hires a legal representative to make a personal injury claim below £5,000, their legal fees will not be recoverable from the compensating insurer.
A Cost of Insurance Working Group on the Cost of Motor Insurance in Ireland reported in 2017 and its recommendations included the establishment of a Personal Injuries Commission to consider the questions of levels of compensation in Ireland.
Ireland is a Republic with a written constitution that guarantees separation of powers between the government executive and the courts and, in addition, guarantees the fundamental rights of its citizens. Therefore, while the government can legislate in this area, it is one that is likely to be fraught with constitutional difficulty and if a route can be found that successfully avoids this it is likely to be chosen.
Ireland also has a pre-litigation non-contentious system of personal injuries assessment administered by the Personal Injuries Assessment Board which publishes a Book of Quantum suggesting baselines and ranges for personal injury compensation.
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The in which it carried out an extensive international review of alternative systems of compensation for personal injuries.
The Irish Government subsequently passed the Judicial Council Act, 2019 which enables the judiciary to establish committees to review matters such a personal injury claims and set guidelines for the judiciary etc.
The Government cannot impose on the judiciary what it might do in this area, but by providing the mechanisms it has enabled judge lead reform in the first instance. Irish Chief Justice, Mr Justice Frank Clarke, established The Personal Injuries Guidance Committee of the Judicial Council in late 2019 and it is now considering suitable levels of general damages to supersede those in the Book of Quantum. The Personal Injuries Guidance Committee is Chaired by Supreme Court judge Ms Justice Mary Irvine and is comprised of judges from all level in the Irish judiciary. Ms Justice Irvine’s statement that "modest injuries should attract moderate damages" is often quoted. The Committee is completely independent in the exercise of the its statutory function and its findings are currently awaited.
In fact, having a law degree is useful in a much wider range of careers. Emma Jones, Senior Lecturer in Law at the University of Sheffield shares some examples with Lawyer Monthly.
It is worth starting by mentioning legal careers, as many law students are still keen to work in the law. Although being a solicitor or barrister are the traditional option, it is important to recognise that there are many others available. A number of these are jurisdiction-specific, such as working as a Chartered Legal Executive in England and Wales. Others are recognised globally and stem from the changing nature of the legal profession, for example, the incorporation of digital technology into law firms has led to jobs such as a legal knowledge engineer or legal data scientist.
A sound knowledge of law is a real bonus in a variety of jobs. For example, police officers have to understand the law in order to be able to enforce it appropriately. Other examples could include applying your knowledge of employment law to work in a human resources department or using your understanding of contracts to work within construction and surveying.
If you are interested in law teaching, many schools and colleges offer GCSEs, A Levels or access courses in law, or related subjects such as citizenship. There may also be openings to work as a law tutor in your local area.
A sound knowledge of law is a real bonus in a variety of jobs.
The skills you have developed during your law degree are likely to be just as valuable as its content. For example, being able to research in a detailed and thorough manner is valuable a range of different settings, from working in local government to becoming a librarian. Your ability to work with large amounts of information could lead you to consider a role working with data. Managing your time successfully could mean you have valuable skills to apply in a role involving time pressures, or could lead you to think about becoming a project manager. Not to mention the value of your persuasive skills (mooting anyone?) when it comes to public relations and marketing.
If you’ve enjoyed your time at law school, rather than moving into the job market straightaway, you may also want to consider going on to a postgraduate qualification such as an LLM (Masters degree in law). This could eventually lead to you working in academia and teaching on the law degree yourself. You can chose between a taught LLM, where you attend lectures and/or seminars or a research LLM, where you focus in on a specific topic of your choosing. As well as being genuinely interested in law as a discipline, you’ll need to show that you can study independently and undertake legal research to succeed on an LLM.
Many law students also go on to postgraduate study in different disciplines, including sociology, criminology and psychology, although some institutions may require you to studying a ‘bridging course’ first.
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Lots of students study law because they are passionate about social justice and upholding basic rights and liberties. If this sounds like you, it is worth exploring roles in charities and non-profit making organisations (sometimes known as the third or voluntary sector). Even if this isn’t the area you want to work in, there may be opportunities for volunteer work in your spare time.
Overall, your law degree will provide you with a great level of knowledge and fantastic transferable skills, opening up a wide range of careers. If you aren’t sure which career options are right for you, it is important to get in touch with your university’s career service. They can provide valuable advice and guidance tailored to your abilities and preferences. Whatever your choice, your law degree is likely to help you along the way.
Dan Taylor, director of systems and security at Fletchers solicitors, offers his thoughts to Lawyer Monthly.
The demand for home working has been on the increase for some time and in the legal sector, a profession known for its long hours at a desk, working late into the night, and dealing with clients' most private of matters, there has been the desire to make it work.
However, whether it be culturally, practically, or just from a technological adoption perspective, there has always been a reticence in the Law to engage remote working practices more widely.
Within the space of two weeks, all those obstacles had to be overcome to make working from home possible. The coronavirus pandemic pressed the fast forward button for everyone.
It has brought huge changes in all walks of life, but one of the things it has really thrust into the spotlight for businesses is their ability to enable their people to work from home efficiently and productively.
In 2019, out of 32.6 million employed people, around 1.7 million people reported working mainly from home (Office of National Statistics). Once people are eventually allowed to return to the physical workplace, that figure is likely to rise significantly as many companies will have adapted their systems to facilitate remote working.
The coronavirus pandemic pressed the fast forward button for everyone.
This pandemic will have created a huge shift in the mindset of many companies regarding remote working, because they have seen that it can work.
At Fletchers we had around 15 team members working remotely at the beginning of March, with a number more doing a day or two a week. We knew that there was a desire for more people to be working from home and we had a project looking at implementing it for more of the team.
At the beginning of March we started planning for the 'what ifs' and started testing our systems. Within days, we had to fast forward our plans and get hundreds of our team members working from home as quickly as possible.
This has been forced on everyone and the learning 'curve' has been more of a vertical line.
The coronavirus has acted as a reset button for the profession to consider its offering to staff but also to clients.
Virtual law firms already exist and have traditionally worked best for corporate law where in the B2B sector companies are already used to transacting business online. For private client legal work, it can be difficult because you are dealing with individuals. However, at Fletchers, even as a private client firm we rarely meet face to face with the majority of our clients. The work is done by post, over the phone and digitally so effectively, we have been offering a virtual service for some time.
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However, other players in the legal sector are catching up and some parts of the process can't be done virtually. The court system will take a while to catch up, even though court rooms are opening their doors to new technology, there are reams and reams of paper records and medical records that need to be processed in a physical place.
These barriers are out of our control but don't prevent us from being able to offer a virtual service to our clients.
In order to attract the best talent, and to offer a more agile way of working to help with people’s work/life balance, firms have been working hard to be flexible. A more agile way of working makes the business more attractive and competitive and people can be hired from further away, meaning a bigger talent pool.
Businesses have so much square footage of working space that perhaps they wouldn't need if there was a robust, flexible working policy in place.
A more agile way of working makes the business more attractive and competitive and people can be hired from further away, meaning a bigger talent pool.
Technology infrastructure is improving all the time - 5G home broadband will mean faster connections and better-quality video conferencing - but it's not just about technology, it’s about supervision, remote monitoring, checking productivity statistics and providing support.
People have had to learn very quickly how to deal with the technology off site and how to adapt and manage their teams remotely as well as ensuring their clients continue to receive the best possible service.
There needs to be a proper road to virtual working mapped out but this is certainly going to act as the catalyst for many businesses. This has been forced on everyone and the learning 'curve' has been more of a vertical line, but people are managing it well and it will certainly change remote working policies for many people.
