C i r c u l a t e d F R E E t o B a r r i s t e r s ’ C l e r k s i n t h e Un i t e d K i ngdom

HEALTH WARNING:This magazine contains comments that may disturb the bar

PAGE 3Rabbits

PAGE 10Quiz

PAGE 17Ted & Alice

PAGE 26Travel Double

Trouble

I S S U E 1 0 9 - D E C E M B E R 2 0 1 0

H T T P : / / M A G A Z I N E . C L E R K S R O O M . C O M

E D I TO R ’ S PA G E

D E C E M B E R 2 0 1 0 ~ I S S U E 1 0 9

ADVERTISING ENQUIRIES TO:magazine@clerksroom.com

EDITORIAL ENQUIRIES TO:jrobertmoss@hotmail.com

This edition of the Clerksroom Magazine has been kindly supportedby the following companies:

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If feels like we have had winter already, and yet it is still monthsbefore the clocks change. Getting to the first pay day in the NewYear is always a struggle. “Tell me about it!” I hear you say.

On the first day of each month it has always been a superstition toutter the first words in the morning: “White rabbits!” Some say“rabbits!” to the first person they meet who should reply:“Hares!”

2011 is the year of the rabbit, which is meant to refer to good luck. Thisshould not be compared with the Chinese proverb: “May you live ininteresting times”. While purporting to be a blessing, this is in fact a curse. Itis widely reported as being of ancient Chinese origin, but is just as likely to beof recent and western origin, although it seems to be intended to soundChinese, in the 'Confucious he say' mould.

It Means “May you experience much upheaval and trouble in your life”. Theclear implication is that 'uninteresting times', of peace and tranquillity, aremore life-enhancing. I hope 2011 is not only “uninteresting” as in the spiritof peace and tranquillity, but very prosperous for you and yours.

OFR = Outcomes-Focused Regulation. Get used to it. It may be around forsome time. It was highlighted in a speech delivered by Samantha Barrass,executive director of Supervision, Risk and Standards, at the annual RiskManagement for Law Firms conference on 1 December 2010. She said:

“Outcomes-focused regulation is designed to create a more robust andefficient regulatory system. Instead of focusing on the failures that haveoccurred in firms, we will look instead at what we require firms to achieve byway of outcomes. This is a forward-looking approach.“

Now is not the time or place to go into OFR in depth, but suffice it to say, if itis going to be high on the regulatory agenda for solicitors, it will be for ABSsand the like.

By the time you read this edition [probably in the first few days of 2011 withthe timing of the holidays you will have got through the turkey leftovers aswell as the festive hangover[s]. Diet sheets abound in the kitchen, and thatnew Wii kit has taken pride of place in the living room. Do not panic. I wouldgive it a week, 10 days at best!

Clerksroom Magazine is produced under licence by JAR Holdings Limited, 9 Old Coach Road,Kelsall, Cheshire CW6 0QL. 07734 995 902

Bob Moss

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A R T I C L E

D E C E M B E R 2 0 1 0 ~ I S S U E 1 0 9

Several clerks have emailed me during the last month

or two with concerns about the impractical way of

complying, and hopefully a solution can be found

quickly. Some of the points flagged up have included:

1) When your lay and professional client are one and

the same organisation i.e. a local authority to

whom do you send the letter?

2) If your lay client lacks mental capacity what do you

do – send it to the OS?

3) If your client is declared homeless (as many are for

housing chambers) or has been evicted, where do

you send the letter?

4) If you return a case internally do you send another

letter?

It is going to hugely increase the cost, which is what it

did for solicitors when their Rule 15 terms of

engagement letter was introduced in every case! Some

now get the clients email address and just press the

buttons to save on paper stamps etc. They ask the client

to print out, sign and return a copy to them. This will

not always be an option for Counsel when, for example,

the client is in custody.

You may already be aware of this but just in case you

aren’t, the new guidelines read as follows:

Complaints Handling – Client NotificationOn the 9th December 2010 Mark Rushton of the IBC emailed their Members with the following:

“Further to a conversation with the Head of Quality at the BSB I can confirm that the current position in

respect of the new requirements for chambers complaints handling and in particular the obligation to

notify the lay client directly is as follows:

The BSB is well aware of the difficulties that the new arrangements have caused and has received

numerous letters, e-mails and telephone calls explaining how the new requirements are, in many cases,

impossible to comply with. No regulatory action will be taken in respect of non-compliance whilst the

BSB is in discussion with the Legal Services Board (who imposed the new requirements on the BSB)

about trying to find a more practical and proportionate approach to ensuring that the lay client knows

of their right to complain.

A meeting will be held with the LSB as soon as possible and hopefully before the end of the year.

Chambers will be kept informed of progress. In the meantime, every effort should be made to ensure

that the lay client knows of their right to complain to Chambers (either through direct contact by

Chambers or indirectly through the solicitors).”

2 Continued on page 4...

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D E C E M B E R 2 0 1 0 ~ I S S U E 1 0 9

So were you born in a Rabbit Year? They are:02/06/1951 to 1/26/1952, 01/25/1963 to 02/12/1964,02/11/1975 to 01/30/1976, 01/29/1987 to02/16/1988, 02/16/1999 to 02/04/2000.

According to Chinese tradition, the Rabbit brings a yearin which you can catch your breath and calm yournerves. How appropriate with all the changes for thelegal profession! It is a time for negotiation. Don't tryto force issues, because if you do you will ultimatelyfail. To gain the greatest benefits from this time, focuson home, family, security, diplomacy, and make it a goalto create a safe, peaceful lifestyle, so you will be able tocalmly deal with any problem that may arise. So with abit of rabbit luck, it should be a good year. Just don’tstare into the headlights!

The Sign of the RabbitPeople born in the Year of the Rabbit share certaincharacteristics: Keen, wise, fragile, tranquil, serene,considerate, fashionable, and kind. Generally, they arequite calm, do not exhibit aggressive behaviour, and willavoid confrontation at all costs. When angry aboutsomething, they will approach it calmly andconsiderately, hardly ever raising their voice. And theyare quite keen and pay close attention to the situationsdeveloping around them. They are intelligent andquick, and can talk themselves in or out of mostsituations with no problem.

The Rabbit is a symbol for mercy, elegance, and worshipof beauty. People born in the Year of the Rabbit arekind, loving persons, and dislike any hostile act. Theygive others an impression of being frail-looking becauseof their gentle appearance. But, in fact they are strong-

minded and have strong wills. They pursue their idealsall their lives in a precise and orderly way. They do things slowly and deliberately because of theircautious characters.

There is no need to worry about their lives. They are nimble, clever and good at avoiding harm tothemselves. They are talented and like artistic ventures,such as painting and music and are generally quitepresent in these worlds. They are also very hospitable,good hosts and warm-hearted companions. They neverembrace others in public places. They know the art ofsaving face and giving consideration to the interests ofboth sides.

People born in the Year of the Rabbit are apt to besensitive to ailments and to have bad allergies. Stress or conflict will be detriment their health. Exercise could take off unnecessary stress andstrengthen their physical condition. They have to learnto incorporate more action into their everyday routines.

2011 - The Year Of The RabbitAccording to the Chinese Zodiac, the Year of 2011 is the Year of the Rabbit, which begins on February 3,2011 and ends on January 22, 2012. The Rabbit is supposed to be a lucky sign. The Chinese believe that

Rabbits are private individuals and a bit introverted, and that people born in the Year of the Rabbit are reasonably friendly individuals who enjoy the company of a group of good friends. They are good teachers, counsellors and communicators, but also need their own space.

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D E C E M B E R 2 0 1 0 ~ I S S U E 1 0 9

4

15. Where a barrister accepts instructions from a new

client, or instructions on a new matter from an

existing client, the client must therefore be notified

of the right to make a complaint, how and to

whom this can be done. It is essential that systems

be set up by Chambers to ensure that these

requirements are properly complied with. This will

be straightforward for public access clients, but

because self-employed barristers will usually be

instructed by a solicitor or other professional client

on behalf of the client, new procedures will need

to be put in place for notifying other lay clients.

16. Where the barrister is aware of contact details for

the client, the obligation can be satisfied by a

letter sent directly to the client (which may be sent

by his clerk on his behalf) providing the required

information. The solicitor or other professional

client should be asked at that time to provide

contact details for the client for this purpose.

17. Where the barrister is not provided with the

identity of the client, as sometimes occurs, there is

a positive obligation on the barrister to provide the

requisite information to the solicitor or other

professional client with instructions to provide that

information to the client on behalf of the barrister

and an expectation that this be done.

18. Where a barrister is instructed at short notice or

where it is not appropriate to provide the requisite

information (such as in court) the barrister should

provide the information at the next appropriate

opportunity, having regard to the above.

19. It is not acceptable for barristers simply to make

the information available to solicitors. There is a

positive obligation on the barrister to provide it to

the client.

20. Nor is it sufficient that the information is available

on Chambers’ website. There is a positive

obligation to provide it to the client.

21. The BSB will monitor Chambers to ensure that

these requirements are being complied with.

...continued from page 2

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A R T I C L E

D E C E M B E R 2 0 1 0 ~ I S S U E 1 0 9

7 Continued on page 9...

When did you start working in

Chambers and in what

capacity?

I had a traditional start to my

clerking career, beginning as a

junior clerk at Mitre Court

Chambers in 1986. I was lucky to

join a set where the great John

Bowker was senior clerk. He let me

loose on the phones and diary in

my first week – very nerve-

wracking but a great way to learn.

What motivated you to join?

It was the suggestion of my school

careers master that having studied politics, law and

psychology, I might like to consider a career in law – I

don’t think he could have known at the time that those

3 subjects are the perfect combination for a barristers’

clerk.

So far what has been your best moment in

Chambers?

I expect every senior clerk will look back with pride at

the time they were appointed senior clerk and that is

certainly true for me. However, in addition to the recent

Chambers of the Year award my team and I have twice

won Client Service Chambers of the Year – this external

recognition from our clients makes me feel that we

really are doing our best.

What has been your worst

moment in Chambers?

Overall I have not had many bad

moments although I still remember

the time many years ago when

clerks used to attend hearings in

some divisions where trials were

due to be fixed. On one occasion I

attended an OR’s hearing (TCC

nowadays) but my solicitor did not

arrive on time and, as the only

person in attendance from our side,

the Judge looked at me and said

‘Yes?’ expecting me to open!

Fortunately after I explained the situation he took pity

on me and even gave me a date that suited my

Counsel!

Who has been the greatest influence on your

career?

Genuinely there are too many to narrow it to one

person. As a junior clerk I was fortunate to work with

some of the best senior clerks who have all in their own

way helped and influenced me including John Bowker,

Nigel Connor (sadly no longer clerking but who was a

major influence) and David Grief. A number of barristers

have also helped me over the years and I am

developing further in my work with current head of

chambers, Ali Malek QC.

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D E C E M B E R 2 0 1 0 ~ I S S U E 1 0 9

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You run teams of Practice Managers rather thanclerks. What is the thinking behind this?The title ‘Practice Manager’ was in use when I joinedchambers. It was put in place by Christopher SymonsQC (our former head of chambers who did a great jobfor Chambers and with whom I thoroughly enjoyedworking). As we increased the volume of Internationalwork, he summed it up simply when he said that whatwe were doing was ‘managing practices’ and our titlesshould reflect that to our clients. The reality is that thejob title doesn’t matter – it’s what you do as anindividual that counts.

What irritates you the most?It is often the silly mistakes or lack of care that irritatesthe most. That and selfishness.

What is the best aspect of the job?The ability to have a direct influence on your ownsuccess and that of all those that you work for andwith.

What is the worst aspect of the job?One of the reasons I enjoy being a clerk is becausethere are no aspects I particularly dislike. I worry that inthe future we may find that we encounter regulationsimply for regulation sake without it having any actualbenefit.

What is your best characteristic, managing /clerking or otherwise?I hope that by and large I am able to get on withpeople and keep a sense of humour.

Do you have any bad habits?I am sure I do but my friends and colleagues are toopolite to mention them.

Your favourite film?The Life of Brian always makes me laugh. I first saw itwhen my Dad bought it for my brothers and me as afamily film – unfortunately not knowing what to expect

he had to turn it off after a short while as my (religious)Grandmother didn’t think it was as funny as we did!

What car do you drive?A Chelsea tractor, however, the weather this last monthhas justified it – even in Purley!

What’s on your iPod?Music is one my great likes, so everything from Classicalto Dance.

How do you relax?I have found sport a good antidote to the stresses ofwork. I cycle with Addiscombe Cycle Club and am amember of South London Harriers triathlon club.

What event anywhere in the world would youmost like to witness?I would like to watch next year’s Tour de France (it’s only 3 weeks in July, I wonder if Ali Malek QC(Head of Chambers) would allow me the time off?)

Name one person you would like to have dinnerwith and why.Sir Richard Branson – I would like to hear his thoughtson the Bar as a business.

If you were stranded on a desert island, what 2items would you take with you?A bicycle and a coffee maker.

If you had not gone into chambers, what wouldyou have become?I dread to think – it is one of the things that makes merealise how lucky I am to have found this career.

So what does make a practice manager tick?The challenges and rewards that come from having ahands-on role in all aspects of running a multi-millionpound business.

...continued from page 7

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A R T I C L E

D E C E M B E R 2 0 1 0 ~ I S S U E 1 0 9

1. In the U.S.A. what is celebrated on February 2nd andis also a film?

2. In what profession would you use the acronym"SOCA"?

3. What is the official national anthem of the USA?

4. The blue cornflower is the French equivalent to whatin England?

5. Which weather phenomenon translates from theSpanish for 'little boy'.

6. Ambassador to the Court of Saint James is the officialtitle for Ambassadors of which country?

7. Which castle is on the island of Anglesey?

8. What is echolalia?

9. Which N. African seaport's name is Spanish for whitehouse?

10. Which is the only vowel on a standard keyboard thatis not on the top line of letters?

11. What's the world’s most popular Non Alcoholic Drink?

12. Which letter is given to a car number plate when theage or identity of the vehicle is unknown or if it mayhave been built from parts?

13. In which street is the Bank of England?

14. Globe and Jerusalem are types of what?

15. In the drink, what are the components of aScrewdriver?

16. How many people take part in the dance of aquadrille?

17. In which city are the headquarters of the InternationalMonetary Fund? Options: Washington, Geneva, Berlin

18. How many stars are on the European Union flag?

19. Rather than a hatter, what is the proper name for amaker of hats?

20. What license cost 37 pence when it was abolished in1988?

21. In Scrabble how many letters have a value of 2?

22. Lending her name to a famous brand, who was theGreek Goddess of Victory?

23. What is the name of the poker hand containing threeof a kind and a pair?

24. In slang, how much money is a monkey?

25. Loriners and farriers cater for what?

26. In the game of draughts, how many men does a playerstart with?

27. Which is the best-selling car name of all time (Themodel has undergone several redesigns in is history)?

28. Which country in the world sends the most lettersabroad?

29. What rank in the Royal Navy is the equivalent of thearmy's Field Marshall?

30. Which army is headed by General John Gowans?

31. Which French car design achieved fame in motoringcircles for his 'double chevron' gear and logo?

32. Astrologically speaking, two of the fire signs are LEOand ARIES. Which is the third?

33. Who is the longest serving member of the PrivyCouncil?

34. Which number president of the USA is George WBush?

35. On which day of the year does All Souls Day fall?

36. What was Fanny Craddock’s real first name?

37. What are the caves at Lascaux famous for?

38. On what day of creation did God make the sun, themoon and the stars?

39. What is another name for a ships load mark?

40. Who is said to rule in a Plutocracy?

Super Quiz for 2011

10

We cannot let the year pass without “a bit of fun” so here is a quiz for which the answers are on the last page. Have fun!

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A R T I C L E

D E C E M B E R 2 0 1 0 ~ I S S U E 1 0 9

The call came as the Ministry of Justice plans

“fundamental reform” of the justice system, including

cutting £350m from the legal aid budget, which risks

leaving many vulnerable people without representation.

Peter Lodder QC said:

“I want to re-assure able and hard-working members of

the Bar, whose practices are threatened by the latest

proposals that they continue to have a realistic future.

The message is not that barrister must leave publicly

funded work, but that in order to sustain that type of

practice, they will almost certainly need to develop a

mixed practice, incorporating privately as well as

publicly funded work. The cuts to legal aid rates have

been too numerous and too deep for young barristers

to continue to rely upon publicly funded practice.

“There will always be a demand for high quality

advocates and the public interest is served by ensuring

the successful future of the Bar.

“My objective is to invigorate the entire Bar to be

creative and entrepreneurial in the pursuit of new and

better opportunities to provide legal services at home

and abroad. The privately funded Bar has led the way

in finding new markets to develop and it is time for all

practitioners to follow that example.

“The Bar’s unique selling point is advocacy, delivered to

a very high quality. We are the best at what we do and

clients come to the Bar because of that ability.

Traditionally, barristers, within reason, have turned their

hands to different areas of practice. It is the skill set,

core values and the training which define us as much

as the practice area. There is a clear market benefit in

having access to a pool of high quality, high value,

expert advocates, able to offer a variety of services

within that specialism.”

Lodder also spoke of strong support of judicially

assessed Quality Assurance for Advocates (QAA) and

unveiled plans to develop the work of the Advocacy

Training Council, both of which will monitor and

enhance the very high standards of advocacy which the

Bar seeks to provide.

Incoming Bar Chairman: Diversification Good for the Bar and for Its Clients

13

In his inaugural address to the Bar Council on the 2nd December 2010 Peter Lodder QC, who takes overas Chairman of the Bar from Nicholas Green QC on 1 January 2011, called for publicly funded barristers

to diversify their practices.

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D E C E M B E R 2 0 1 0 ~ I S S U E 1 0 9

14 Contunued on page 16...

The core aims of the review are to ensure that the

ethical standards and levels of competence of those

delivering legal services in regulated law firms are

sufficient to secure a high standard of service for

clients, and to support the public interest and the rule

of law. The review will build on and feed into the

regulators' existing projects in this area.

Welcoming the review, SRA Chief Executive Antony

Townsend said: "Ensuring that solicitors and others

delivering legal services are properly educated and

trained is just as important as making sure that firms

and individuals conduct their businesses properly. The

two areas of regulatory work are complementary and

interdependent.

"Much of the recent focus of regulatory activity has

been on reforming the structures for regulating legal

businesses. This review will ensure that serious thought,

based on thorough research and comprehensive

consultation with all interested parties, is now given to

education and training.

"We are delighted to be collaborating with the Bar

Standards Board and ILEX Professional Standards on

this review, and to have the support of the Legal

Services Board. This is bound to produce a more holistic

and informed outcome that takes account of the needs

of clients and the perspectives of all regulated lawyers."

He added that the SRA will continue its work on

work-based learning and its review of continuing

professional development, with a view to incorporating

findings as they emerge.

Ruth Deech, chairman of the Bar Standards

Board, said: "We are pleased to be working with the

SRA and IPS on this regulator-led review of legal

education and training. We look forward to building on

our previous evaluations of the Bar Professional

Training Course and pupillage and our current work on

the Continuing Professional Development requirements

for barristers. The collaborative approach to this review

will ensure a positive future for the legal profession."

IPS Chair, Alan Kershaw, said: "This is an important

piece of work. IPS is keen to bring its unique

contribution to the review and to work with all of the

regulators to ensure that the competence and

qualification standards of everyone providing legal

services are appropriate to meet the needs of customers

and the requirements of the Legal Services Act. It will

bring together the work to determine how well the

current arrangements will fit the new landscape, which

individual regulators have already begun.”

Legal Regulators Launch MajorEducation And Training Review

The three biggest legal regulators, the Solicitors Regulation Authority (SRA), the Bar Standards Board(BSB) and the Institute of Legal Executives Professional Standards (IPS) are jointly to review legal

services education and training in the regulated legal sector.

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The review will examine: • The educational requirements placed upon

individuals entering the sector (includingprogrammes and pathways to professionalqualification) and their regulatory function.

• The requirements for continuing education forindividuals and entities (including ContinuingProfessional Development, accreditation and otherquality assurance schemes).

• The requirements placed upon those deliveringapproved education to individuals and entities.

The following specific questions will be asked:

• What should be the contribution of legal educationand training to the delivery of the regulatoryobjectives set out in the Legal Services Act 2007,taking account of: • the likely shape of and demands on legal

services by 2020 in the light of changing consumer/client demand, technological change and other factors,

• the effects that the shape of legal services mayhave upon the legal and other skills demandedfrom different kinds of lawyers and others employed in legal services in the future,

• the need for high quality, competitive legal services and education and training providers and high ethical standards for lawyers and legal services entities,

• the need to promote social mobility and diversity,

• forthcoming changes to the education sector and how these may affect legal education and training.

• How might implementation of the Legal ServicesAct affect legal education and training?

• To what extent (if any) should the formalregulation of legal education and training beextended to include groups other than thoseregulated by the Approved Regulators—forexample, paralegals?

• What can or should be done to address the issueof career development and mobility betweenbranches of the legal profession?

• What recommendations should be made to theLegal Services Board, the approved regulators andother bodies?

The regulators plan to appoint an external research team in February 2011. This review is expected to produce significant policy findings at various points before its conclusion.

The SRA will aim to become a Licensing Authority for ABSs and see the future as follows:

• 1. Outcomes-focused regulation will see thedetailed and prescriptive rulebook replaced with atargeted, risk-based approach concentrating on thestandards of service to consumers. ABSs will be anew way of providing legal services which willenable non-lawyer organisations to provide legalservices and external investment and ownership oflaw firms.

• 2. The timeline towards implementation of OFRand ABSs is set out below:

...continued from page 14

A R T I C L E

D E C E M B E R 2 0 1 0 ~ I S S U E 1 0 9

17

Dear Ted & Alice,We took up your suggestion a few months agoand put everyone’s name in the hat [actually itwas a coffee mug as there are only 8 of us!] topick who we should buy a Christmas present for.After a lot of debate we agreed a maximum of£15 per gift, and also that we would keep itsecret who we were buying for until it came toexchange time in the pub on Christmas Eve.Being I thought a good sport I did not let onwho I was buying for, and nobody told me whowas to be my Santa Claus. So imagine mysurprise when six out of the eight all exchangedpresents which were “just what I wanted” typepresents. It transpired that everyone toldeveryone else who they were buying for, andthen said what they would like. What did I dowrong?

Ted: New listen, Billy no mates, you have got to take it

on the chin, laugh it off, and buy everyone a drink

to show there are no hard feelings.

Alice: Ted, how do you know it’s a Billy? It might be anAlice. Don’t be so insensitive.

Dear Ted & Alice,For three consecutive days I could not get intoChambers because of the snow and ice. Thankgoodness for hosted internet services whichmeant I could carry on regardless of theweather. I got so much more done. There wereno distractions, no winging members and oneswho lack common sense, and the only calls I

took were the ones for me to deal with. I madesure I had proper breaks, and went for a shortwalk to admire the white scenery at lunch time.

If fact I enjoyed it so much, I decided as I wastravelling in on the day of my return that Iwould ask to make it a regular part of myworking week, at least for a trial period so Icould demonstrate my improved productivity. Idon’t want to work from home full time as Iwould miss the banter and might struggle tokeep up with what is happening.

I was not expecting what happened. Before Icould say anything, the Practice Manager madean announcement to all the staff. The Head ofChambers had decided that anyone who did notmake it in for more than one day would haveany extra days treated as holidays or unpaidleave. After talking around our clerks’ room, itseems I was the only one who did not make it inafter the first day.

Ted: Diplomacy has never been a strong suit at theBar. A cheap trick! Make a formal complaint toyour line manager as you may be the target.

Alice: Unless the Head of Chambers did not know youwere the only one to miss more than one day. It may be a good idea to shelve the workingfrom home suggestion until you know theoutcome.

- a problem shared!!Some more of your printable offerings!

Date

End November 2010

13 January 2011

April 2011

August 2011

6 October 2011

Action

Policy statement published –with more practical detail ofour regulatory approach

Second Handbookconsultation closes

Publication of final Handbook

Anticipated designation ofSRA as a Licensing Authorityfor ABSs

First ABSs licensed andimplementation of newHandbook

A R T I C L E

D E C E M B E R 2 0 1 0 ~ I S S U E 1 0 9

The pearly gates. . .

A lawyer is in line at the pearly gates when someone

wearing a long black federal judge robe strides past the

line and goes right in. "Hey," says the lawyer, "He can't

cut the line just because he's a federal judge!"

St. Peter replies: "Shhh, that's God, He just thinks he's

a federal judge."

Mythological Characters

Santa Claus, the tooth fairy, an honest lawyer and an

old drunk are walking down the street together when

they simultaneously spot a hundred dollar bill. Who gets

it? The old drunk, of course, the other three are

mythological creatures.

Satan and the Attorney

An attorney was sitting in his office late one night,

when Satan appeared before him. The Devil told the

lawyer, "I have a proposition for you. You can win every

case you try, for the rest of your life. Your clients will

adore you, your colleagues will stand in awe of you,

and you will make embarrassing sums of money. All I

want in exchange is your soul, your wife's soul, your

children's souls, the souls of your parents, grandparents,

and parents in law, and the souls of all your friends and

law partners." The lawyer thought about this for a

moment, and then asked, "So, what's the catch?"

More pearly gates . . .

A prominent young attorney was on his way to court to

begin arguments on a complex lawsuit when he

suddenly found himself at the Gates of Heaven. St.

Peter started to escort him inside, when he began to

protest that his untimely death had to be some sort of

mistake.

"I'm much too young to die! I'm only 35!" St. Peter

agreed that 35 did seem to be a bit young to be

entering the pearly gates, and agreed to check on his

case. When St. Peter returned, he told the attorney, "I'm

afraid that the mistake must be yours, my son. We

verified your age on the basis of the number of hours

you've billed to your clients, and you're at least 108."

Statement from the witness stand in an RTA:

ATTORNEY: What gear were you in at the moment of

the impact?

WITNESS: Gucci sweats and Reeboks.

THE 10 COMMANDMENTS

The real reason that we can't have the Ten

Commandments posted in a courthouse or

Congress is this . . .

you cannot post 'Thou Shalt Not Steal' 'Thou

Shalt Not Commit Adultery' and 'Thou Shall Not

Lie' in a building full of lawyers, judges and

politicians. I mean come on people think about it!

Humour in Utah

18

I was recently directed to a law firm in Utah as their website homepage contained a series of humorousstories. Their office is located …”just left of ebay” which seems very confusing. Anyway, they specialisein family law and the elderly. Most marketing departments would cringe. Here are a few of their stories.

Chairman’s Comments

“This month we initiated a working group to come up

with recommendations to bring the clerks and practice

managers into both the representative and regulatory

wings of the Bar Council. By this we hope to recognise

the tremendous contribution that our profession’s

managers make and to provide them with support to

become the managers of the future of a profession

which increasingly will need sophisticated and

business‐savvy support from them.

I have been extremely impressed and grateful for the

active, intelligent and practical guidance and advice

given to me by clerks and practice managers

throughout the year. They are critical to the future

success of the Bar and in my view it is simply logical

that they are under the umbrella of the Bar Council.

They should have places on the Bar Council and be

represented on our committees and teams. Bringing

them into regulation will be a more complex task,

because it involves an analysis of the statutory

framework. However, it is not beyond the wit of man,

or woman, to find a proper regulatory structure that

will suit the profession as a whole.”

A R T I C L E

In his speech at the 25th Annual Bar Conference on the 6th November 2010 Nicholas Green QCChairman of the Bar Council made the following comments:

A R T I C L E

D E C E M B E R 2 0 1 0 ~ I S S U E 1 0 9

1. Greater self awarenessBusinesses don’t buy from other businesses; peoplebuy from other people. How you project yourself isvital and there is so much more to learn aboutyourself. It’s worth opening your ears and eyes bygenuinely welcoming feedback from those aroundyou. Make a magnificent effort not to raise youreyes skywards or get angry when someone sayssomething about you that isn’t to your liking, ormaybe you weren’t expecting. Consciously avoidexhibiting any feelings of shock horror. Listencarefully before sincerely thanking the person forbeing so honest. Feedback on your style is worthits weight in gold and may help you to convertmore opportunities into valuable contracts during2011. It may not be that comfortable at the timethough it may be your golden opportunity to takea giant step forward. Subtle changes in style candestroy commonly held perceptions of being tooaggressive, pompous, meek or a bad listener intosomething far more attractive – without needingto change the real you.

2. Improve your targeting“I am happy to sell anything to anyone whowants to buy it”. (Jack of all trades; master ofnone).

“I seem to spend my life talking to potential clientsand yet they never seem to pick me”.

Sounds familiar? What’s the big advantage ofletting existing clients, potential clients andreferrers quickly pigeon-hole you? (A: They think ofyou immediately when they identify some need).Think of yourself as a Post-It note. Generally, it’snot great being a generalist as that label simplydoesn’t stick. Write down five strong points about

the qualities and services that you can providewhilst thinking hard about who you are selling to.Ask yourself again and again “What’s in this forthem?”. Focus on your best 10 - 20 clients(depending on how many you have). Whatadditional services could your best clients usefullybuy from you? Where’s the extra value to them?

3. Developing a more effective sales processMany people wing it in sales and that’s great... upto a point. A systematic approach can save youtime, effort and worry - and is almost guaranteedto significantly increase your success ratings.However, sales technique should not becomerobotic. The current vogue for script-read sales callsdoesn’t cut the mustard with me... even during thisfestive season.

4. Gaining sharper negotiation skillsIn every generation, particularly during in times ofeconomic stress, people get tempted to ‘buy’ workat almost any price - when the cost ofdelivery/materials exceeds the cost to the buyer. Itis better to learn to really understand what yourclient needs – and be particularly careful on thispoint - that may not be the same as what yourclient is asking you for before way before anyserious negotiation. ‘Buying’ work may hold offcreditors for a few months though the tacticalmost invariably weakens businesses so much thatthey are unable to fight back when the good timesreturn. Incidentally, don’t hold your breath on thishappening in the next six months. We’reapparently in this together... and for a while longeryet.

10 Suggestions For Creating NewBusiness To Provide You With A

Prosperous New Year – Plus An ExtraOne For Luck

22 Continued on page 24...

A R T I C L E

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24

5. Making better use of meetingsIs it me or do almost all businesses waste toomuch time holding meetings that don’t end upachieving anything tangible? Spend a moment ortwo adding up the true cost of holdingunproductive meetings within your ownorganisation. Maybe there’s no agenda issued inadvance. Are attendees made properly accountablefor taking positive action by a particular date orare things left to chance? Does everyone need tobe invited every time?

6. Developing self confidenceIt may seem implausible though many people insenior positions over-worry. They may feel that theyhave risen beyond their natural comfort zone. Theymay be the bee’s knees technically and yet theymay not have been professionally trained to leador even speak up in front of others.

7. Recapturing timeWork feasts one moment (no, I’m not talking officeparties) and work famine the next. If this is you,then you may benefit from working on your timemanagement and self-discipline skills. Set somededicated time aside each week/month for focusednew business activity otherwise the inevitablehappens - and that’s grossly inefficient.

8. Measuring your successesFocus on those areas that your and yourcolleagues believe you add greatest value to yourteam. If you’re not sure... ask.

9. Giving feedback to those around youI often say to my clients that they should givefeedback to at least one member of staff once aweek. I’ve heard some people say that at best theyfeel unappreciated and, at worst, un-noticed. Whendid you last perform a client satisfaction survey?Think through how to attract more referrals fromyour existing clients and contacts. Referrals are farmore powerful than a mail shot.

10. Don’t ever give upIf things are looking bad then it’s simply time tomake some changes. If you don’t, then you onlyhave yourself to blame. Take control of your own

destiny.

And finally

11. Remember to celebrate. It’s the right time of year after all! Stress levels can run high when staff levels have plummetedand we are asked to perform the work of severalformer colleagues. However it’s a mistake to forgetto review what went well last year. Becoming arobot is not what being a success is about. Get alife! If you’re a hard-working boss or team-leader,surely there’s time to have a night out with yourteam. It doesn’t need to cost an arm and a leg. To do otherwise may lead to unfortunateconsequences.

Here’s to a prosperous 2011.

Robin Johnson is one of the UK’s most respectedbusiness performance coaches. He is the Trustee of acharity and an eco-warrior. Robin provides grouptraining in identifying and winning the right types ofnew business as well as providing 1-2-1 coaching forlawyers across the UK. T: 07774 415561www.OvationXL.com

...continued from page 22

A R T I C L E

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26

According to Reuters, predictions as to the cost of lost

productivity are around £1.2 billion a day.

Reporting from his back bedroom at home in the worst

affected area in the UK, Wayne Digby, Senior Clerk at

Bank House Chambers in Sheffield, explains how the

snowy conditions affect the traditional in-house

network in comparison to Hosted chambers:

“Sheffield is one of the hardest hit areas in the country

as the severe snow has literally blanketed all of South

Yorkshire, causing chaos across the region. Roads have

been blocked by abandoned vehicles, trains have been

cancelled although some are now running again on

limited service, and more than 300 schools remain

closed. As you can imagine, the knock-on effect of this

travel disruption is that businesses are unable to open

or are forced to operate with minimal staff cover. Here

at Bank House Chambers we use IRIS Meridian Law on

Hosted Services delivery which means that despite

being short staffed in terms of employees physically in

chambers, we can actually continue as normal because

our team can access all our systems remotely from their

stranded locations. In fact, I’ve been able to run the

diary completely from home for several days. My only

requirements were a good mobile and internet

connection.”

Mike Sayers, Chambers Director at Park Lane Plowden

Chambers, reinforced Wayne’s sentiments, promoting

the benefits of Hosted Services:

“Once again the weather has contrived to make life

difficult for us. Whilst I would rather be marooned in

the Canary Isles (courtesy of an Icelandic volcano),

chambers has carried on through the sterling efforts of

local staff who could brave the elements and its Hosted

system. Many barristers have not been able to get into

either Leeds or our Newcastle offices for a few days

now. They will have been able to carry on with papers

with only Court work suffering – not that many Court

officials had huskies and sledges in any event! The

present scenario is classic ‘crisis management’ material

and IRIS’s Hosted system is a vital part of maintaining

client care.”

Travel Double Trouble for Non-Hosted Chambers

64 Bridge Street: Manchester Legal Centre64 Bridge Street, Manchester M3 3BNT: 0161 839 1002 F: 0161 819 5205DX: 14349 Manchester E: bob.moss@64bridgestreet.com

www.64bridgestreet.com

Contact our Regional Manager: Bob MossT: 0161 839 1002

Manchester’s Administrative Court Opened in January 2009

London set 39 Essex Street launched a Manchester branch in June 2009.Chambers director Michael Meeson: “Manchester is a hive of activity.” [The Lawyer]

Doughty Street Chambers opened in August 2009 in Manchester. Chambers director Robin Jackson: “Manchester is a strategically important site.” [The Lawyer]

Can we help?Our facilities are:• Non-branded

offices• At the heart of

Manchester’slegal community

• Located just offDeansgate

• Newly refurbishedto a highstandard

Designed for:• Meeting & Trial

PreparationRooms

• Video ConferenceSuite facility

• Seminar, Training& Lecture rooms

• Mediation,Arbitration

We also offer:• Copying Printing

faxing & Wi-Fi• Hot desking or a

quiet corner• DX exchange in

the building• As much tea &

coffee as youneed!

• Membership forindividuals andchambers

Serving the legal community in Manchester “the second legal city”

London, UK – December 2010 – Right off the back of the fourth 24-hour tube strike which resulted injust 45% of trains in service and brought London to a standstill, further travel misery follows

nationwide as the cold spell tightened its grip across the UK and airports, roads and rail lines continuedto be badly hit by the severe snow. With the added problem of thousands of school closures, the net

result was commuters unable to make the journey into the office and working parents stranded at homewith unexpected child care commitments.

A R T I C L E

D E C E M B E R 2 0 1 0 ~ I S S U E 1 0 9

1. In the U.S.A. what is celebrated on February 2nd and isalso a film? GROUNDHOG DAY

2. In what profession would you use the acronym "SOCA"?Serious & Organised Crime Agency

3. What is the official national anthem of the USA? Star Spangled Banner

4. The blue cornflower is the French equivalent to what inEngland? Red Poppy

5. Which weather phenomenon translates from the Spanishfor 'little boy'. EL NINO

6. Ambassador to the Court of Saint James is the official titlefor Ambassadors of which country? UK

7. Which castle is on the island of Anglesey? Beaumaris

8. What is echolalia? Involuntary Speech repetition,Navigation by sound, Anxiety caused by your own voice

9. Which N. African seaport's name is Spanish for whitehouse? CASABLANCA

10. Which is the only vowel on a standard keyboard that isnot on the top line of letters? A

11. What's the world’s most popular Non Alcoholic Drink?Coffee

12. Which letter is given to a car number plate when the ageor identity of the vehicle is unknown or if it may havebeen built from parts? Q

13. In which street is the Bank of England? Threadneedle Street

14. Globe and Jerusalem are types of what? Artichoke

15. In the drink, what are the components of a Screwdriver?Vodka and orange juice

16. How many people take part in the dance of a quadrille?Eight

17. In which city are the headquarters of the InternationalMonetary Fund? Options: Washington, Geneva, BerlinAnswer: Washington

18. How many stars are on the European Union flag? 12

19. Rather than a hatter, what is the proper name for a makerof hats? Milliner

20. What license cost 37 pence when it was abolished in1988? Dog Licence

21. In Scrabble how many letters have a value of 2? Two ("D and G")

22. Lending her name to a famous brand, who was the GreekGoddess of Victory? Nike

23. What is the name of the poker hand containing three of akind and a pair? Full house

24. In slang, how much money is a monkey? £500

25. Loriners and farriers cater for what? Horses

26. In the game of draughts, how many men does a playerstart with? 12

27. Which is the best-selling car name of all time (The modelhas undergone several redesigns in is history)? Toyota Corolla (25 million vehicles sold in 142 countries)

28. Which country in the world sends the most lettersabroad? UK

29. What rank in the Royal Navy is the equivalent of thearmy's Field Marshall? Admiral of the Fleet

30. Which army is headed by General John Gowans? The Salvation Army

31. Which French car design achieved fame in motoring circlesfor his 'double chevron' gear and logo? Citroen

32. Astrologically speaking, two of the fire signs are LEO andARIES. Which is the third? Sagittarius

33. Who is the longest serving member of the Privy Council?The Duke of Edinburgh (appointed in 1951)

34. Which number president of the USA is George W Bush?43

35. On which day of the year does All Souls Day fall? Nov 2nd

36. What was Fanny Craddocks real first name? Phyllis

37. What are the caves at Lascaux famous for? Prehistoric Cave Paintings

38. On what day of creation did God make the sun, the moonand the stars? 4th

39. What is another name for a ships load mark? Plimsoll Line

40. Who is said to rule in a Plutocracy? The Wealthy

Super Quiz for 2011 - The Answers

28

So here are the answers to the quiz on page 10 of this edition. What did you score? by The Editor

jarholdings.com – Continued …..

Hi,I haven't heard back from you regarding jarholdings.com. I'mabout to sell the domain to someone else, but I wanted tocheck back with you first. If you have ANY interest injarholdings.com please contact me immediately with your bestoffer. Regards, Olivia Nelson.

Nothing then until 23rd November when I got an email from aBill Walters using: bill@cymacs.com. He wrote:“A few days ago my company bought a large portfolio ofdifferent domain names. jarholdings.com was one of these domains that we bought, andyou seem like you could benefit from owning or leasing thisdomain name.

Is this the case? Would you be interested in acquiring thedomain from us? Please let me know as I've been contactingvarious people today. Regards. Bill Walters.

He followed this up on the 1st December with:Hi, if you sent me an email during the past 24 hours regardingjarholdings.com and I didn't respond, please resend it now. My inbox was full. Thanks, Bill

P.S. My offer [I don’t recall any offer?!] of $395 still stands...and it's valid for the next 4 days.

8th December another email:

Hi,Have you been thinking about buying jarholdings.com today?Let me know soon so I can initiate the transaction. Warmregards.

The Dollar sign suggests an American company. Their marketing techniques are different, to say the least!

A R T I C L E

You may recall an article a few months ago about us being pestered by a company trying to sell us the.com for our family company, JAR Holdings Ltd. Well, I thought they had given up. No such luck. On the

29th October 2010 I got a last gasp email: