Interview Prep

Legal interests

Use of ADR (arbitration, mediation, private financial dispute resolution; discussion and negotiation; therapeutic support) during Coronavirus - impact of lockdown on the Family Justic System. Courts announced on 19 March that Courts would only hear in person the urgent matters predominantly limited to public law matters surrounding safety of children. Otherwise, financial/private children cases, Family Court would default to remote access basis for all other hearings with many adjourned.
... varying degrees of success; large variances in Family courts use of remote method.
...versatility of ADR and naturally less intimidating arena in which it operates lends itself more readily to video-conferencing than the more formal and procedural regulated Court structure. Use of 'break out rooms' etc - dynamism of ADR remains. COSTS lower without taking case to final hearing. Most forms of ADR also enable parties to retain some form of control and input to arrive at a resolution by consent.

Legal trends

Legal industry-wide percentages of female trainees, associates and partners have all increased in the past five years. I attended a webinar on 'Advancing Women's Equality in Law' in collaboration with Burford Capital - how we can consider intersectionality to support all women across race, LGBT, disability.

Tech & innovation challenges the old model of law firms. Changing client needs, demand for better value and rise of new tech like AI pushes legal sector in new directions.

Turbulent regulatory landscape after Brexit still being worked out.

Legal aid expenditure in the UK has fallen by £950 million, almost 40%. Private sector has stepped up its pro bono offering.

Sustainability and greater push for ESG strategic priority. Climate change litigation will increasingly affect public and private law - oil and gas work will shift in importance as more sustainable energy resources are sought.

SQE - route to qualification is changing

After the lockdown shadow pandemic, Domestic Abuse Bill received Royal Asset in 29 April 2021 - passed both HoP and signed into law. Will provide further protections to millions who experience domestic abuse and strengthen measures to tackle perpetrators. Cleared a wide-ranging definition of domestic abuse incl. emotional, controlling behaviour, economic abuse. Abusers no longer able to directly cross-examine their victims in family and civil courts - victims get access to special measures to prevent intimidation e.g. protective screens and evidence via video-link. Police also have new powers under hte act.

June 2021, last month - President of Family Division, Sir Andrew McFarlane, is pleased to announce launch of two-week rapid consultation on remote, hybrid and in-person hearings in family justice system and Court of Protection. Focusing on providing an evidence base to assist with the decisions regarding future ways of working, as we return to court. Fielding views from all in research piece. Open to anyone with experience of the Family Court or Court of Protection during the pandemic and closed 27 June 2021.

Only a couple of days ago, Cripps wrote a blog post focusing on when ADR will become the norm for divorce - highly topical Currently the pressure on the local courts is insurmountable - 10 month delays for some of CPG's clients. Huge emotional and financial impact. Offers option of collaborative law - where you go to your solicitors with your partner and spouse, and everything is done in an open forum.

Arbitration is similar to a private hearing but results in something more akin to a binding determination.

No fault divorce - reforms being implemented such that couples will be able to state that their marriage has 'irretrievably broken down' and that be sufficient. Under the previous/current system, a divorce could be contested, as in Owens v Owens. These changes will also apply to the dissolution of civil partnerships. Focus should be shifted away from the wording of the divorce petition and remove blame.

Making process less acrimonious. Moving from fault-based divorce to irretrievable breakdown as grounds. Current system caused huge problems with dishonesty and autonomy.

Financial remedy on divorce determined by Miller v MacCartney case (need is just about the standard of living in the sense of to they have consistency of their standard of living during the marriage) - firmed up that area of law - compensation for relationship-generated disadvantage. No clear cut answer here - yard stick of who gets what is fairness and then they depart from that as justice demands;

Technology

The legal sector is becoming more generalised, with legal solutions deviating from the traditional highly-specialised approach that lawyers currently work from, towards a more creative, flexible approach that combines legal know-how with business acumen and technological understanding.
Agility will become a key trait that ensures the success of law firms in the future.

Law firms are facing competition from a rise in the number of alternative models for delivering legal services. For example, Deloitte’s recent acquisition of Kemp Little adds 29 partners and 57 lawyers to its UK legal division, marking the latest expansion of the Big Four accountancy firms into the legal sector. Idea that competition doesn't look like you - tech firms / low cost providers / Big 4.

As technology improves, the virtual/online legal services offering — which is often less costly — increases, and technologies such as machine learning enable the automation of simpler tasks (e.g. contract review, due diligence). Penningtons’ family practice began work with artificial intelligence system Settify in 2019, and could seek to find innovative ways to enhance the experience of its clients in its other areas of expertise. Ashurst Advance Digital is one example of a competitive digital service available to Penningtons’ potential corporate clients. As the traditional line between companies diminishes and firms such as Amazon and Google expand beyond the tech sector, clients’ demands will change and Penningtons will need to offer advice and provide strategies to encompass all aspects of their clients’ interests. Therefore, Penningtons need to actively dedicate resources to focus on meeting the increasing demand for cutting-edge, technologically-advanced, and easily accessible provision of legal services.

Impact of COVID on legal operations (especially in family law)

ADR incl. telephone/video-link consultation; arbitration; mediation; private finances DR - welcomed in turbulent times of COVID - some degree of control and resolution by consent (harmonious)