Understand Your Rights. Solve Your Legal Problems

Well, if so, you are not alone, as I am seeing in daily discussions with clients. Coronavirus is making things tough for most sectors and the legal profession is no exception with deferred partner payouts, pay cuts, four-day weeks, furloughing and recruitment freezes.

For lawyers used to working in close-knit teams, often under high pressure, enforced home-working and the lack of interaction with clients and colleagues is taking its toll on mental health. According to LawCare, a UK legal mental health charity, many are struggling with loneliness and high levels of anxiety about job security. This isolation is particularly acute for newly qualified and junior lawyers struggling with training contracts and job prospects.

Resilience is needed now more than ever and whilst it’s commonly perceived that lawyers are typically self-confident, the facts tell a different story. Surveys suggest ‘impostor syndrome’ is prolific in the legal profession with 74% of lawyers and 83% of juniors experiencing it at some point in their careers.

Perhaps this should come as no surprise? The profession is synonymous with exceptional expectations, intolerance of mistakes and risk avoidance. Impostor syndrome is common in overachievers and perfectionists, so it's no wonder many lawyers suffer from chronic self-doubt and feel like intellectual frauds.

Impostor syndrome not only affects mental and physical well-being, it also negatively impacts performance, productivity and proactivity. By sapping self-confidence and self-esteem, it can prevent you from achieving your potential.

Impostor syndrome is common in overachievers and perfectionists, so it's no wonder many lawyers suffer from chronic self-doubt and feel like intellectual frauds.

As a coach to top executives, I know that even CEOs live in fear of being exposed despite their outer confidence.  Which is why ‘self-confidence’, ‘overcoming self-limiting beliefs’ and ‘resilience’ are some of the most requested skills within 'VIC - Your Virtual Interactive Coach', the e-coaching and e-learning platform I founded.

So, why doesn’t external evidence of success always translate to inner confidence?

What is impostor syndrome?

‘Impostor syndrome’ is a pattern of behaviour where people doubt their success and accomplishments despite strong evidence to the contrary. They have an internalised fear of being exposed as a fraud. There are many indicators of ‘impostor syndrome’ that you may recognise, such as working long hours, being a perfectionist, refusing help or trying to always be the expert – needing to know everything yet never knowing enough.

Whilst both men and women experience impostor syndrome, women seem to suffer more than men. Women make up half of practising solicitors, but the profession is still led predominantly by men. Women from ethnic minority communities or with disabilities face tougher hurdles still. External validation alleviates impostor feelings and a lack of inclusion, role models and positive support reinforces self-doubt.

Impacts of impostor syndrome

Impostor syndrome negatively impacts people's work and personal lives in many ways. It instils self-doubt and low self-esteem and it impedes career growth, as it stops people moving outside their comfort zone to take on more challenging roles and projects. At a senior level it hampers leadership and management, impeding decision-making and innovation. Moreover, it also affects mental health, with overworking and mental burnout creating stress, anxiety and feelings of isolation. This is particularly relevant now.

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So, what can you do to overcome impostor syndrome?

For some, impostor feelings are fleeting, and for others they are persistent. Here, though, are tips that can help:

  • Knowing it’s common. Studies suggest that simply knowing you are not alone helps.
  • Separate feelings from fact. Just because you feel something doesn't mean you are. We all feel stupid or slow or unprepared at times.
  • Accept you will never be perfect and forgive mistakes. Perfection is unattainable and mistakes are how we learn best - so recalibrate yours!
  • Give yourself credit. Recognise your worth and value, internalise positive feedback and don’t fixate on the negative.
  • Attribute success truthfully. Everyone has good and bad luck. Attributing success to luck undermines your abilities and confidence.
  • Identify your ‘rules’, challenge them and rewrite. “I don’t have to be right”, “I don’t always have to know the answer”, “I can ask for help”, “I don’t have to be strong”.
  • Keep a list of your accomplishments and strengths. It’s less easy to discount your success when seen against a backdrop of past successes.

How can leaders address impostor syndrome in their team?

Having employees suffering from impostor syndrome negatively impacts the success of your whole organisation. So, take positive action to address it – particularly now with a dispersed and often isolated workforce:

  • Instil a culture of thanks and recognition. In an increasingly competitive and commoditised market, expectations of employees can be unreasonable and praise can be forgotten in the rush to meet the next client’s demands.
  • Watch out for team members who are feeling out of their depth. Look for signs of loss of self-confidence and anxiety, for example expressing greater uncertainty, becoming self-deprecating, deflecting praise, attributing success to luck or to the skills of others in the team.
  • Spot drop-offs in performance or signs of regular overwork - emails being sent way before or after normal working hours, an unusual delay in responding or procrastination over decisions.
  • Discuss impostor syndrome. Studies suggest education and coaching both help significantly. Build a culture where it’s okay to not always know the answer.
  • Attribute success fairly; reward teamwork and as well as hard work.
  • Have a strong inclusion agenda.

We want to reach out and help businesses, teams and employees during these extraordinary times by offering VIC for free. VIC gives an interactive ‘coach in your pocket’ for all employees with self-coaching tools and thousands of hours of multi-media content to help with self-confidence, stress, resilience and a host of other personal and business skills.

- Peter Ryding, founder of Vicyourcoach.com and award winning CEO Mentor.

No matter what your personal injury case is, you will need to hire an experienced personal injury lawyer to sue for personal injury compensation and ensure all your rights and interests in settling negotiations with the insurance company. Before hiring one, though, there are various questions you should ask.

Remember that your lawyer will be someone you’ll work very closely with in your case to get your desired results. You must be comfortable with your lawyer and consider him or her as your trusted advisor. If you don’t have a clue what questions to ask, here are some that you should keep in mind:

Will You Be Able To Handle My Case?

The best lawyers are aware of their areas of expertise. They can only focus so much of their energy, expertise, and time to their craft. They also do not take on cases or clients they know will not get the attention they require. In any circumstances, make certain that your lawyer has the energy and time to get familiarised with your case and that they are ready to represent you in court.

in What Other Areas of Law Do You Specialise?

It is important to choose a lawyer who focuses on personal injury law. The reason why specialisation matters, in this case, is because lawyers who are experienced in personal injury law know the common defense tactics that are used by insurance companies. They also know how to negotiate in accordance with your needs and can navigate some complex litigation procedures.

The best lawyers are aware of their areas of expertise.

Have You Handled a Personal Injury Trial Before?

More often than not, personal injury cases settle without the need to go to trial and still provide the result you deserve. But, if your lawyer doesn’t have any trial experience, it’s a disadvantage to your personal injury case.

Lawyers who are willing and able to go to trials have the experience and leverage to push for the right settlement and if such settlement demands are not met, you and your lawyer believe that what’s being offered is unfair. In this case, your case needs to go to trial to get a fair and positive outcome. With an experienced lawyer’s help with your personal injury case, you can be assured that they will fight for your case until you get what you deserve.

How Often Will You Contact Me About My Case?

A huge red flag that you should look out for is if your lawyer sends an investigator or paralegal to your first consultation. You want to speak to the lawyer who will handle your case and not somebody from the law firm’s team. If your chosen lawyer does not communicate with you directly or often, it’s time to find another one who is more confident to communicate with you regarding your case and other concerns related to it.

How Much is the Contingency Fee?

This is one of the most important questions to ask, especially if you have accrued a lot of debt because of the injury you incurred. The majority of personal injury lawyers base their work on a contingency fee agreement. That means you only have to pay for the legal fees if they are able to win your case. The contingency fees vary by State but typically range from 33- 40% of the won compensation, but there are times that such fees can be lessened in particular situations. Read the retainer documents completely before you hire a lawyer and be wary of the law firms that offer contingency fees that are much lower than other law firms in your market.

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What Are the Things You Need for My Case?

To achieve success with your case, your lawyer will need a lot of things from you. They need information on your medical expenses and wages you have lost from not being able to work. They may also require documentation of your doctor visits and treatment requirements. Your lawyer can also assist you when getting police reports, medical records, and some documents filed with the state or city.

How Long Will It Take to Resolve My Case?

No attorney can provide you an exact amount of time when it comes to the resolution of your case. However, experienced attorneys through their past case experience and knowledgeable of the legal system may provide you an average time frame. But, it is essential to keep in mind that the timeline provided by your attorney may change significantly depending on how the case plays out.

Conclusion

While those above-mentioned questions are a good start to help you evaluate the experience and acumen of your personal injury attorney, the decision is still yours. Trust your instincts when evaluating your preferred attorney and if it does not feel right, look for another personal injury attorney who will meet your unique requirements and better fit your standards.

Last month, I discussed the impact the crisis had on law firms and the lessons the legal sector has been taught. We found many discussing the shift to remote working, how this may change the way in which law firms operate in the future, how it has impacted the courts and the ways in which hearings will proceed when social distancing and adhering to lockdown rules is of utmost importance.

From an uprise in class actions to appreciating the power of the governments across the globe, many lessons have been learnt in the past few months. For this article, I decided to delve a little deeper and explore which sectors in the legal profession have been hit the hardest, and, more importantly, when the world is full of sad, bad and terrifying news, I thought it was important to spread a little positivity. Below, I speak to some experts that have taken something good from the current crisis.

As an employment lawyer working only with employers, our job in the good times is to help our clients thrive but when times are tough it is to help them survive, really

Employment Law

Lawyers in the employment sector have had their work cut out for them. From unexpected redundancies, to compiling an up-to-date working from home policy, to handling furloughing all in the comfort of their home, employment lawyers have undoubtedly been very busy. Some, in fact, saw their workload triple.

Speaking to James Tamm, Director of Legal Services at Ellis Whittam, he mentions how he saw their workload increase three-fold initially. “Whilst that was incredibly hard to cope with and doesn’t sound like a positive, it did demonstrate to us that our clients knew we were here to help them in a time of real need”, he says.

The pandemic allowed him to reconnect with some clients who have not been regular users of their services, allowing them to build a number of new relationships. “It gave us a chance to shine and cement the value of the service even with our more established clients which will hopefully hold us in good stead moving forward.”

New clients and a stronger outreach are the main positive drawn out from this situation. “As an employment lawyer working only with employers, our job in the good times is to help our clients thrive but when times are tough it is to help them survive, really”, shares James.

He expands on how a pleasing aspect and outcome was the Coronavirus Job Retention Scheme. ”The government acted quickly and decisively to help save jobs. The detail of the scheme has been something of a nightmare, to be honest, but its very existence has meant that we have been able to advise our clients on how to make use of it, rather than enforcing mass redundancies and that has to be a positive.”

Getting in touch with Andrew Rayment, Employment Partner at Walker Morris, he too discusses the potential positive impact of COVID-19 on employment strategies and how they will likely be adapted in line with evolving commercial and workforce expectations.

While businesses will now be considering what their "exit strategy" is in a post-furlough world, there are indeed positives to be taken from the current situation”, he reveals.

This is the most significant opportunity we’ve had to square the circle and one that could be far more effective than the stick-driven reporting directives in play at present

As businesses across every industry have had to adapt in significant ways – and whilst there are likely hard decisions to be made in the near future, there is a great opportunity to consider which aspects of new ways of working we have all adopted that we want to (and should) take forward.

Many businesses had few or no staff working remotely before the pandemic. “Of course, for some, such as manufacturing, it wasn't possible, but for many, it was due to a preconceived negative view or simple reluctance to tackle the challenges and adoption of technology to enable it.

“One of the most interesting and positive things to come out of the pandemic will be the sociological impact we see. There has long been a need for greater diversity in business and, in particular, women on boards. Given that employers can no longer argue about the negative impact of flexible or remote working if roles are successfully fulfilled during the crisis, this should open up more opportunity for senior and serious career progression for individuals, but especially women, juggling work and family commitments”, explains Andrew.

Considering the options for future recruitment, in which those who can only work set hours on set days is no longer required, employers will also be able to recruit from further afield, hopefully leading to a more diverse workforce.

“This is the most significant opportunity we’ve had to square the circle and one that could be far more effective than the stick-driven reporting directives in play at present”, explains Andrew.

Trusts and Wills

There are strict rules, for example, about how wills must be drawn up. And if those rules aren’t followed - such as regulations about signatures having to be witnessed - then the Will can be declared invalid and, in those instances, people will have wasted their money

Covid-19 has also seen an upsurge in people making Wills, wanting to make sure their wishes are down on paper for their family and friends.

With people wanting to put their affairs in order quickly, expert solicitors have adapted the way they work, so they can comply with Covid-19 social distancing regulations and yet still provide a full professional and personal service which gives customers peace of mind.

Zoe Calway, Director of Cartmell Shepherd Solicitors mentioned how solicitors all over the country have adapted to ensure they can give clients the best, most professional, personal service possible - while at the same time making sure they comply with all the government regulations.

“We have been witnessing signatures by standing the required distance away from people’s homes and watching as they sign the Will in the window. Then they leave it in an envelope in a safe place for us. We have had people leave them on a table in the garden, by plant pots, anywhere where it is safe.

“As professional solicitors, we are always willing to go the extra mile for people to make sure people are getting exactly what they want. It’s all part of the service.”

Zoe warns of the pitfalls of people thinking that their solicitor might not be able to help them this way and, therefore, be attracted by making their Wills with a purely online service.

“There are strict rules, for example, about how wills must be drawn up. And if those rules aren’t followed - such as regulations about signatures having to be witnessed - then the Will can be declared invalid and, in those instances, people will have wasted their money.”

Without proper witnessing of signatures, it could also be claimed that the person making the Will was coerced into the wishes they made and was put under undue influence.

“There are also other things to consider as well which is why it is good to talk to a solicitor”, said Zoe. “You need to think about who has power of attorney if you are incapacitated. If you are in hospital for a period of time and incapable of making your own decisions who do you want to have the authority to make decisions on your behalf?

“There’s also inheritance tax to consider. What assets do you have? Whose name are they in? Are you aware of tax liabilities of doing things in different ways? Who are you appointing as your executors?”

There are lots of questions and choices for people to consider and many solicitors are worried that an online Wills service is cheaper, they may not offer the same level of service that other solicitors would, and that can lead to problems further down the line.

In my experience, remote hearings are longer and more frustrating for the lay client

Family law

A survey undertaken by the Bar Council, Paula Rhone-Adrien, Barrister at Lamb Building Chambers tells us, identified three major concerns for Chambers: the interruption to Court work; practitioners inability to generate an income; and a drying up of cash to meet direct and indirect costs. Most worrying was of those who responded, 55% of thought they would not see out the next six months, whilst 81% didn’t think they would survive 12.

“Within the first few days of lockdown, my diary emptied as solicitors firms either closed or retreated to skeleton staff. The messages from the Government were mixed: the Court system is open, but those attempting to access it were met by an administration already crumbling under the weight of Government cuts.”

“In my experience, remote hearings are longer and more frustrating for the lay client. This could be because, for example, they are unable to engage with me directly right at the crucial moment, they are nervous about using the technology, and they feel that the Judge is even more remote than before. Practitioners also understand that less remote hearings are being listed in an attempt to limit screen fatigue.

“In my opinion, lessons are being learned to ensure access to justice remains real and workable. However, I suspect the reality of lockdown will only truly come to light over the next 12 months”, Paula explains.

Another big impact Paula has seen in family law specifically, has been on domestic abuse cases. “As a family practitioner, it is shocking to read that only 5% of vulnerable children are actually attending school and that the average of two women killed per week by perpetrators of domestic abuse has increased to five.

In fact, there have been 4,000 domestic abuse arrests in London in just six weeks. Anna-Laura Lock, Senior Associate at Winckworth Sherwood, mentioned that “The police, government and domestic abuse campaigners have identified that the restrictions that have been put in place to protect our health and ease pressure on the NHS as a result of the Covid-19 pandemic have made domestic abuse victims more vulnerable and effectively captive in their own homes.”

The bleak reality is that this is only the very start of the issue, not only in terms of the stage of the pandemic but also the psychological and economic fallout that will follow

Estimated figures from March 2019 suggest that this is likely to affect 1.6 million women and 786,000 men in England and Wales. “Reports worldwide, especially from countries which have been in lockdown for longer periods than the UK, have documented a dramatic rise in reports to police and requests for help to domestic abuse helplines. In the UK, Relate recorded that 30% of its calls in the week up to 18 March (the week in which social distancing measures were announced, but before the current lockdown came into play) mentioned coronavirus. With whole families confined to their homes, there has also been a huge surge in children and young people witnessing domestic abuse between their parents.”

In France, hotel rooms have been made available for victims and help centres set up in 20 supermarkets around the country, explains Anna-Laura. In Spain, potential victims have been told to use a safe word when visiting a pharmacy. To minimise violence against women and children, Greenland and South Africa have introduced bans on the sale of alcohol.

“In circumstances where police resources were already stretched prior to the lockdown, and the virus and the lockdown measures have not yet reached their peak, the availability of police to respond to an urgent call-out may also become an issue.

“The bleak reality is that this is only the very start of the issue, not only in terms of the stage of the pandemic but also the psychological and economic fallout that will follow”, concludes Anna-Laura.

The family law arena has changed and has seen some highs and lows, but not all is doom and gloom, however, as there are some positives we learn about - after speaking with Phillip Hunter, a Solicitor at Hawkins Family Law Firm - in a different arena of family law that might be harvested from this unforeseen experience.

To comply with social distancing orders, 85% of all court hearings in England & Wales are now being held remotely.

Following the lockdown, many practitioners and their clients observed a period of disruption and uncertainty and now report some adjustment and an unstable routine, explains Phillip. “Clients withheld instructions as they “watched and waited” and those that wished to progress to divorce proceedings or applications experienced greater delays than ever previously seen, as well as last-minute court hearing cancellations.”

But for many, the period of uncertainty has afforded an opportunity to reflect – whether this is on their approach to their relationship with an ex-partner, on whether lockdown has afforded them the opportunity to reflect on the viability of a relationship, or to reflect on whether alternative forms of dispute resolution (ADR) offer an improved solution.

“For practitioners, the lockdown has seen a move toward “working from home”, a new concept for some, offering more time with family, no commuting and a general improvement on their work-life balance, together with improved relationships with fellow practitioners as we all “muddle through” together, encouraging creative and dynamic working practices”, says Phillip.

The enforced move toward technology and remote hearings by the court has seen significant disruption, exacerbated by a reduction in judicial availability and support staff self-isolating.

The President of the Family Division continues to reflect on the lessons learned thus far, having himself recently adjourned a Final Hearing in a complex care case (Re: P [2020] EWFC 32) as he felt the remote hearing would not allow “effective participation for the parent”. Whilst this decision is purely case specific, the mood music from the Lord Chancellor, Robert Buckland QC, suggests the move toward embracing technology is here to stay.

Video hearings will cut costs, speed up the process. Many people have given up on using the UK court system because it takes too long

Addressing the Joint Committee on Human Rights on the government’s Covid-19 response, Buckland said, “Things that would have been scarce[ly] believable only two months ago are now being achieved by way of technology. The legislative alterations we made to allow more audio and video hearings were temporary in accordance with the act that was passed. It seems to me that there is now an appetite to make at least some of these changes permanent.”

To comply with social distancing orders, 85% of all court hearings in England & Wales are now being held remotely. 1,850 audio hearings took place on 6 April, up from just 100 on 19 March[1]. Hearings in which video technology was used increased from 150 to 1,100 in the same period. Only around 500 hearings are still being heard in person each day.

The increased efficiency of remote hearings would help clear the growing backlog in the UK courts. Data from the Family Court, for example, shows that the average time taken to complete a divorce with a financial settlement reached a record 34.4 weeks in the fourth quarter of 2019. This represents a jump of almost ten weeks from an average of 24.8 weeks in the same quarter just two years earlier.

Graham Coy, Family Partner at Wilsons, believes that the Ministry of Justice should look at allocating cases to be heard remotely at courts across the UK, to spread the burden move evenly. “Video hearings will cut costs, speed up the process. Many people have given up on using the UK court system because it takes too long.”

“For a lot of cases, in-person hearings simply aren’t necessary. Just in the last two weeks, there have been many complex family law cases which have been successfully resolved, despite parties and their legal teams being spread across the country.”

“Once the outbreak is over, the judicial system should continue to use this technology to expand court capacity. This would be a great way of bringing our court system into the 21st century, and reversing the marked decline in efficiency that we have seen in recent years.”

The profession will look back on this time as it considers the welfare of those involved within it and consider this as a sea-change moment. We can do things better, sometimes we just need a reason to make us stop and think how

The continuing uncertainty and inevitable backlog associated with adjourned court hearings have led many within the upper echelons of the profession, including HHJ Hess and the Central Family Court, to advocate for those involved in family law disputes to turn their attention toward ADR. It is hoped that parties will once again consider arbitration, mediation by video conferencing and private FDRs to resolve their disputes in a timely and efficient fashion, says Phillip. “Particularly in regard to financial remedy work, the broader economic uncertainty and need for updating disclosure means that the take up for such alternatives may take time to manifest.

“Whilst the immediate future remains uncertain, clients and practitioners will continue to have to be deft, malleable and pragmatic in resolving their family law disputes. However, it is not all doom and gloom.

“The epidemic and its restrictions will provide opportunities for creative solutions and even the most ardent Luddite will be swept up in the momentum of the profession as it grapples with technology and embraces ADR. No doubt the profession will consider how ante-Diluvian our former, analogue approach had been, whilst reflecting on the importance of not throwing out the baby with the bathwater”, Phillip expands.

Technology is an improvement, not a complete answer. ADR is a further string to our bow that we should all be comfortable utilising, but it is not right in every case. “The profession will look back on this time as it considers the welfare of those involved within it and consider this as a sea-change moment. We can do things better, sometimes we just need a reason to make us stop and think how”, concludes Phillip.

The number of cyberattacks against organisations and individuals is significant and is also expected to increase.

Criminal Law

A much-discussed outcome from Covid-19 is the rise of new scams. During any unprecedented time, there are always some that may take advantage of the unfortunate circumstances. Since February 2020, in the UK, the National Fraud Intelligence Bureau has identified 21 reports of fraud where Coronavirus was mentioned, with victim losses totalling over £800,000 [2].

There have been reports about coronavirus-themed phishing emails attempting to trick people into opening malicious attachments or revealing sensitive personal and financial information. Some fraudsters would claim to be from research organisation’s affiliated with the Centres for Disease Control and Prevention (CDC) and the World Health Organisation (WHO) and will provide a link for victims to click on, where the website it transfers you to is often malicious.

Fraudsters are usually very quick to adapt well-known fraud schemes to capitalise on the anxieties and fears of victims throughout the crisis. An investigation supported by Europol revealed that a company in Singapore transferred €6.6 million to purchase alcohol gels and FFP3/2 masks, but they were never received[3]. Similar supply scams of sought-after products have also been reported by other Member States.

The number of cyberattacks against organisations and individuals is significant and is also expected to increase. With more of us working from home, cybercriminals are likely to seek to exploit an increasing number of attack vectors as a greater number of employers institute telework and allow connections to their organisations’ systems. An example reported by Europol is how the Czech Republic had reported a cyberattack on Brno University Hospital which forced the hospital to shut down its entire IT network, postpone urgent surgical interventions and re-route new acute patients to a nearby hospital.

Prosecutors are being asked to prioritise more serious cases and consider the impact of the Coronavirus pandemic when weighing up whether criminal charges are in the public interest, in order to help the justice system continue effectively in the face of current challenges

Commenting on this, Europol’s Executive Director Catherine De Bolle said: “This is unacceptable: such criminal activities during a public health crisis are particularly threatening and can carry real risks to human lives.  That is why it is relevant more than ever to reinforce the fight against crime. Europol and its law enforcement partners are working closely together to ensure the health and safety of all citizens”.

With counterfeit healthcare and sanitary products, including PPE and counterfeit pharmaceutical products, increasing during this time, as well as organised property crime - where scams involving the impersonation of representatives of public authorities for organised burglaries – criminal lawyers may witness a rise in cases.

But what about current cases, where justice is yet to be served? Prosecutors are being asked to prioritise more serious cases and consider the impact of the Coronavirus pandemic when weighing up whether criminal charges are in the public interest, in order to help the justice system continue effectively in the face of current challenges[4].

“Although lawyers must always assess whether a prosecution is in the public interest, new guidance issued asks for extra consideration of the impact of the pandemic when deciding the most proportionate response in every case”, reported CPS earlier this month.

Cases - both new and existing – ought to be reviewed on their own merits, and consider every available course of action including community resolution. This could mean criminals accepting a guilty plea to a different offence, but only if prosecutors are satisfied that a sentence which meets the seriousness of the offending could be passed.

Responding to this, Max Hill QC, Director of Public Prosecutions said, “We know very well the impact crime can have on people’s lives, so we want the public to be confident that - even in these very difficult circumstances - justice will be done.

“Our very function is to prosecute, but we cannot ignore the unprecedented challenge facing the criminal justice system.” Max expanded on how the focus is now on ensuring that the priority is dealing with the most dangerous offenders.  “In less serious cases”, he adds, “it is right that we consider all options available when weighing up the right course of action.

“This will only relate to a very small amount of cases and offences relating to Covid-19 will remain an immediate priority - anybody jeopardising the safety of the public will face the full force of the law.”

The CPS have stated that the pandemic has already had a significant impact on the Criminal Justice System, particularly on case progression. The majority of ongoing trials had to be stopped because of problems over the attendance of victims, witnesses, defendants, advocates and jurors. Many hearings have been adjourned to ensure compliance with government guidance on social- distancing. The crisis will have a long-term impact on the Criminal Justice System, particularly in relation to the expanding pipeline of cases waiting to be heard[5].

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Nonetheless, no rest for some litigators during the pandemic. Hearing from Helen Brown, Partner in Dispute Resolution at Paris Smith, she states that the Courts have adopted a more flexible approach – adjourning, relisting and moving cases on the ping of an email, which has had a positive impact on her work.

“It is also a bonus not to have to be “suited and booted” every day, especially being able to ditch the high heels. Everyone is the same height on a Zoom call, and it is more comfortable not to have to conduct the hearing in a suit.

“I believe my opponents (the lawyers at least) have been kinder and more empathetic.  There is a real “Dunkirk” spirit, of us all being in this together in contrast to the “every man for himself”.

There have been hard lessons learnt here and many more yet to come. It is without a doubt, however, that the pandemic has showcased the legal sector’s true malleable nature to ensure justice remains at the forefront of the legal sector. There have been good outcomes, and not so desirable ones, and we can only wait and see what aspects remain on the other side of the pandemic.

 

[1] *Figures rounded to nearest 50. Source: Her Majesty’s Court and Tribunals Service

[2] https://www.actionfraud.police.uk/alert/coronavirus-scam-costs-victims-over-800k-in-one-month

[3] file:///C:/Users/Jaya/Downloads/pandemic_profiteering-how_criminals_exploit_the_covid-19_crisis.pdf

[4] https://www.cps.gov.uk/cps/news/prosecutors-prioritise-serious-cases-manage-impact-coronavirus-pandemic

[5] https://www.cps.gov.uk/legal-guidance/coronavirus-interim-cps-case-review-guidance-application-public-interest-covid-19

The latest job market data from CV-Library, the UK’s leading independent job board, revealed that job vacancies plummeted by 74.9% in the legal sector in April, when looking at month-on-month data. 

The study looks at job market activity throughout April, comparing the findings with the previous month and year to build an understanding of how the UK job market is fairing right now. The data shows that legal job numbers also dropped by a staggering 79.2% year-on-year. 

Lee Biggins, founder and CEO of CV-Library, commented: “We’re trying to support UK businesses as much as possible right now, but everyone is feeling the financial effects of the current crisis. Thousands of companies have put a pause on their hiring plans until there’s more certainty in the market and the pandemic is having an impact on all sorts of industries; including the legal sector.  

“All we can do now is prepare for the recovery and hope that business confidence picks up over the next few months when lockdown restrictions eventually ease. Unfortunately, there’s no light at the end of the tunnel at this stage, especially as we move into the thick of the spring/summer period, which tends to be quieter for hiring anyway.” 

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Despite more Brits being out of work or placed on furlough in April, CV-Library's data shows that application numbers also dropped significantly last month; down 45% in the legal sector when looking at month-on-month data and by 36% year-on-year.  

In addition to these findings, the job board also explored the application to job ratio on its site and found that this increased by 208% in the legal industry in April, compared to the previous year. This means there is more competition amongst candidates for the roles that are available. 

In fact, CV-Library's data shows that there were an average of 30.18 applications per legal role in April 2020, as opposed to just 9.8 in April 2019. 

Biggins concluded: Unfortunately, organisations have had to make some tough decisions over the past six weeks, with ONS figures revealing that two thirds of businesses have placed staff on furlough. While these professionals might not be actively looking for work right now, especially at a time when there’s so much uncertainty, we do expect application figures to pick up in the coming months and clearly there is already increased competition for jobs. 

Going through a divorce process can be a very challenging time for you. Even if the separation is relatively civil and you are able to discuss things sensibly and amicably, there will be lingering sadness and regret all the same. However, many divorces unfortunately aren’t straightforward, even if the separation is reasonably cordial. The existence of complicating features can make assets more difficult to divide, particularly if they involve strong emotional ties or require different levels of input.

All these factors can lead to delays, frustration, anguish and, inevitably, fall-outs. Common things which can complicate a case including dealing with the arrangements for children, dealing with properties, or a family business, or pensions, or trusts, as well as the issue of maintenance payments. Assets which have been inherited or one party’s approach to negotiations can also make a divorce more complicated. In extreme cases there may also be underlying evidence of domestic abuse or controlling behaviour, which can cloud discussions and makes it very difficult to reach balanced and rational conclusions.

The length of a marriage can be a huge influence on how assets in a marriage are divided. The duration of the marriage is relevant to the precise distribution of property between the spouses. But also long-term marriages often involve more complex property division questions than shorter marriages, even without factoring in other issues such as bank accounts, trusts and children.

Appointing the right legal representation

In such cases, first and foremost, you will need trusted and reliable legal representation from a specialist solicitor who has the necessary experience and technical knowledge. They must be able to handle the situation and the other party and their representatives. They must not only be able to negotiate effectively on your behalf, but also know when to drive home a point to fight your corner. This is a difficult balance to maintain, but is key to being able to navigate a complex divorce. Depending on how your financial assets are structured, you may also need input from an accountant to unravel everything and establish what is rightfully yours.

In such cases, first and foremost, you will need trusted and reliable legal representation from a specialist solicitor who has the necessary experience and technical knowledge.

Separation can bring very intense emotions to the fore, particularly where infidelity, the mismanagement of money or any form of abuse has occurred. This may make any kind of mediation impossible in some complex cases. Following separation, you are likely to see a side to your partner – and maybe even yourself – that you have never seen before, because this is a unique situation and a strong commitment has broken down. So you need to prepare yourself for this before entering into any negotiations. Another preparation you need to make is to establish what your immediate ambitions are both personally and financially. This can help you quantify what you need from the assets of the marriage and therefore help to build a path towards what a successful outcome for you.

It is common for any initial feelings of animosity to subside during divorce proceedings, but this of course depends on how negotiations go and how complex your finances, assets and family relationships are. What is common for both parties, in most cases, is that you both want this over with and settled quickly, so you can move on. This can lead to a new relationship forming between the two parties, which you might not class as ‘friendship’ but it is at least cordial and professional.

Managing behaviours in a complex divorce process

Of course, this might not always be the case, and in some separations there can be elements of vindictiveness and spite which contribute to deliberate attempts to undermine the divorce process. So, in a more toxic separation, it may be more difficult to co-operate, particularly where a string of damaging behaviours has occurred in reaching this point. This is not easily forgotten and can manifest itself in how the discussions go. In such cases you would be advised to take a step back and perhaps even leave discussions to your respective legal teams, or at least as much as possible. Such divorce proceedings can be protracted and stressful and can even include targeted abuse which can touch upon new relationships that have formed or on your new home.

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In order to get through a complex divorce case you need to comply with any formal requirements as closely as possible. Even if your partner isn’t doing the same, this will reflect much better on you when further discussions take place, or when the courts get involved. So bring the children round at the appointed time for visits, or return them well within the agreed time window. Children are rightly made prominent in such cases and your fair and reasonable handling of them will work in your favour. Similarly, you should stick to payment conditions for maintenance or for dividing bank accounts or other financial assets, this will all show that you are avoiding contention and acting reasonably, and whilst this might be difficult in the short term, it will benefit you in the long term.

Whilst a potentially chaotic separation is ongoing, it is important to keep time to yourself and to protect your mental and physical health. The separation may have been damaging and so too could the divorce itself, and whilst it is natural to put children and household duties first, having some time in each day when you can switch everything off and indulge yourself – meeting a friend for coffee, going to see a film or even just reading a book - can be hugely recuperative and vital in getting you through a damaging process. Also, surrounding yourself with a strong support network can be critical. Friendly faces, checking in once a day, offering advice and perhaps telling you when you need to back down or stop being stupid, can be a huge force for good at this time, and can all help in eventually finding the resolution you need.

About the Author

Harrogate Family Law are experts in complex divorce cases. With a leading legal team and an understanding approach to the emotional challenges that divorce presents, Harrogate Family Law will guide you every step of the way.

The firm was launched in 1983 by its founder George Konstantinou and increasingly expanded its operations. The immigration and real estate department of the firm is well-established and has represented many clients from all over the world who invested in Cyprus.

The firm provides the whole range of investment immigration services. It is also an authorised provider of the Cyprus Investment Programme (registry No. 110 of the committee of supervision and control of the Cyprus Investment Programme).

The fierce competition in the legal sector is giving rise to heightened demand for quality services and trustworthy legal professionals with whom people can develop a long-term business relationship. This is one of the main aims of the firm, which constantly evolves to remain up to date with the latest government rules and regulations.

George K. Konstantinou Law Firm is also providing their new website with an online chat where its potential clients can contact its legal professionals at any time of the day and receive a brief consultation regarding Immigration, Real Estate, Investments in Cyprus, Contract Formations, Family Law, Torts’ Law and other sectors. More information can be found on their website.

Moreover, the firm has well understood the expanding demand of the market for diversified and specialised legal services in certain sectors and thus they have taken their services to the next level. The awards reflect their hard work and dedication to these fields of law as well as their successful cases.

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Additionally, this year the George K. Konstaninou Law Firm has secured a position on the world’s largest legal referral guide, The Legal 500, among firms in 150 jurisdictions.

Also, Global Law Experts, a guide to leading attorneys internationally, has also awarded the Firm as an Immigration and Real Estate Law Firm of the Year 2019 in Cyprus.

On Monday, the US Supreme Court made history by delivering oral arguments by telephone, which were streamed live at 10am EST and made available for public viewing.

The event marked a significant chapter in the 231-year history of the Supreme Court, whose judges are known for being both insular and tech-averse.

The departure from norms came in response to the ongoing threat of COVID-19, which has prompted the enactment of social distancing measures across the United States. In response, the nine justices, along with court officials and competing lawyers, held the historic court proceedings from their own offices.

The case being heard was somewhat less monumental: United States Patent and Trademark Office et al. v. Booking.com B.V., the subject of the dispute being whether or not the name of the website “Booking.com” is too generic to be legally trademarked.

In another divergence from legal norms, pre-argument opinions were posted online without any comment from judges.

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A further ten cases are expected to be delivered in this way during the month of May. Three of these cases will concern efforts by New York Prosecutors and Democrats of the House of Representatives to gain access to President Trump’s financial records.

A number of less significant cases originally slated to be heard in March and April have been postponed.

Here are some top tips to help, shared by Emma Jones, Senior Lecturer in Law at the University of Sheffield.

1. Sort Out Your Study Space

Some law students are still in student accommodation, while others have moved back to their family home or gone to stay with friends or family. Wherever you are staying, it is important to organise your study materials and find a space to work.

If you are able to have your own study space, try to make it a pleasant place to work – perhaps putting up a picture or photographs and adding a pot plant. If you are studying on a kitchen table, or similar, it’s important to let others in the house know that it is your designated space, so they leave you in peace as much as possible. If you have a choice of places to work, look for somewhere uncluttered with good natural light and a strong wi-fi connection.

Make sure your study materials are well-organised and kept neatly together, for example, on a bookcase or in a large box, so that you don’t waste precious time searching for mislaid books and notes.

2. Get to Grips With the Technology

With so many module materials and other resources now online, it’s important to ensure you can access and use the right technology. Depending on what software your Law School uses, this may involve downloading relevant apps, locating links to join online sessions, checking you can get your audio to work and finding your way around online library resources.

You can make your life easier by organising your online work carefully. This may include adding internet sites you use regularly to your ‘favourites’ on your browser, ensuring you have a separate folder for each module on your laptop/computer and clearly naming individual files. It may sound basic, but it will save you time in the long run.

You can make your life easier by organising your online work carefully.

It’s also a good idea to write down the contact details of your university’s IT Helpdesk (or similar) and keep them close by in case you need some additional help.

3. Plan a Routine That Works for You

At the moment it can be easy for days to float past blending into each other. That can mean time drifting by and study being ignored. It is important to get into a study routine to make sure you stay on track.

Planning your time may simply mean adapting your usual routine to studying online, or it may mean making a whole new study plan. When organising your time, make sure you schedule in any important commitments (for example, shopping for family or friends), daily exercise and time for relaxation too.

It’s also important to build in regular breaks during study sessions, for example, every 45 minutes. Use the time to stretch your legs and refresh your concentration, you could do some yoga or other exercise, chat with family and friends or have a go at some mindfulness activities – websites and apps such as such as Headspace have a range you can try for free.

Within each study session, also think about varying the type of work you are doing. Staring at a screen for long periods can be tough on both your eyes and your posture. Try to alternate online activities with work away from a screen, such as handwriting notes or reading a textbook.

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4. Keep Connected

Remember you aren’t alone in your studies. Your fellow students are all in the same boat too. Your Law School may be running online sessions, or offering discussion boards or forums to help you keep in touch. Do make the effort to join in and don’t be shy about asking questions. The answer will probably help other students too.

There may also be informal groups on social media that you can join, for example, created by students in the same year of study. These can be a good way of getting additional support, but don’t let them become too much of a distraction and be wary of rumours being spread on them.  If in doubt, always check with your module convenor or seminar tutor.

You may also want to think about ways you can keep connected with the wider legal community. There are lots of free webinars going on covering all kinds of legal topics, such as the ones run by Legal Cheek, so keep an eye out for anything you may be interested in.

5. Be Kind to Yourself

These are not normal times. Many law students (and legal academics) will find it difficult to focus on their work at present. Don’t be too self-critical if you find your studies harder than usual or you don’t feel you’re working at your usual standard.

If you are finding things overwhelming, remember to reach out to family and friends. Your university will also have resources on wellbeing and mental health and the charity Student Minds have a range of useful resources on their website.

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.

The Group’s 75 bars in the UK are known for their premium drinks experience plus food and entertainment. Its Revolution brand is focused on young adults, with Revolucion de Cuba appealing to a broader age group.
Shoosmiths drew on its teams from across real estate, banking, employment, property litigation, tax and company secretarial to work with Revolution’s landlord, real estate investment company, Aprirose and its lender who are both based outside the UK. Once detailed terms were agreed, the deal completed in 11 days just before Revolution’s trading update on the London Stock Exchange.
The changes to these nine sites will save Revolution Bars Group £1.2 million per year and enable it to continue to adapt to changing customer habits in the leisure sector.

An Interview with Chris George & Kirsty Chalkley at Shoosmiths

How do you navigate a deal when the parties are outside your jurisdiction and when you need several different legal teams involved? Do you have any tips/rules you follow here?

The best advice is to consider the implications early, discuss them with all parties early and get organised. For example, issues such as geographical location, availability of signatories, movement of documents and monies and agreeing to complete on the basis of electronic documents or with electronic signatures are all significant factors. It is also important to remember that in all jurisdictions the reputation and responsiveness of legal firms and advisers can vary hugely and so dealing with a comparable firm with equivalent expertise and experience in cross-jurisdiction transactional work makes the whole process infinitely easier to manage. We use our connections to the World Services Group to ensure that this is the case wherever possible.

How do you ensure that the action taken by clients (in this case, Revolution Bars Group), is the best route to take?

Ultimately, sophisticated clients who are well established in their sector will know which direction they want to take as a business. For us at Shoosmiths, we pride ourselves in forging long-lasting, collaborative relationships which centre around knowing and understanding our clients’ businesses inside out. In this way we are trusted advisers acting as an extension to their internal teams, using our expertise to provide recommendations, input, advice and analysis as to the benefits and risks of various possible courses of action in order to attain their business objectives.

How does this deal reflect the current climate for companies such as Revolution?

All high-street-based businesses were facing significant headwinds even before the current Coronavirus outbreak and the leisure and late-night entertainment sectors were no exception. The habits of consumers are changing at a rapid pace but those businesses which are continuing to thrive are those which are alive to these challenges and anticipate, embrace and adapt accordingly. In the case of companies that operate a primarily leasehold property base, this means looking at opportunities to future-proof the portfolio, for example by negotiating lease re-gears and sometimes surrenders of leases of sites that no longer serve the changing needs of the business and its customers. Continuously reviewing and streamlining the portfolio in this way, paves the way for an agile business which is much better placed to succeed in an increasingly dynamic market.

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