HEALTH WARNING: This magazine contains comments that …HEALTH WARNING: This magazine contains...
Transcript of HEALTH WARNING: This magazine contains comments that …HEALTH WARNING: This magazine contains...
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 U n i t e d K i n g d o m
HEALTH WARNING:This magazine contains comments that may disturb the bar
PAGE 2Life at The Bar
PAGE 9What Makes A
Clerk Tick?
PAGE 16Ted & Alice
PAGE 20100 Editions
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Do you remember the rhyme: “spring is sprung the grass is riz?” Itis great when the clocks change to British Summer time and mostof us get some quality time at home in daylight. I recall a Germanbusiness man once telling me that if your car is in the office carpark after 6.00pm on a working day evening, then you have got itwrong. I would stretch to 6.30pm, but I think he has a point.
This is our 100th edition! To celebrate I have been looking back atsome of the very early editions. My first was in April 2005 – seemsonly yesterday!
You may have seen the Saco Apartments advert on the magazine websitehomepage and noticed that they have a special offer for the weekend ofthe IBC Conference in June. There are two reasons for this deal which isonly available to Clerksroom Magazine readers.
Firstly Saco wants to promote their new apartments in Manchester whichI have seen and confirm they are top quality. Secondly, and moreimportantly for the long term, Saco have accepted the point that everyclerk who stays there will know exactly where to recommend to counselwith confidence who needs accommodation in Manchester.
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Easter is early this year and it is not often that Maundy Thursday is alsoApril fool’s Day. Take care on that day and have a good Easter!
Spring is sprungThe grass is riz
I wonder where the birdies isThey say the bird is on the wing
But that’s absurdI’ve always heard
The wing was on the bird!
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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Not enough solicitorsHer Majesty the Queen has approved the appointmentof 129 new Queen's Counsel and the Lord Chancellorpresided over the appointment ceremony where therank was formally bestowed at Westminster Hall on 22March 2010. The next round starts shortly whenapplications are invited.
Now you would think most people within theprofession would have by now accepted the newsystem and can live with it. Not so the Law Society. Itseems there are still not enough solicitors making thenew grade for QCs. Only one of 10 who applied weresuccessful.
Top Legal Aid earnersThe Ministry of Justice has published the annual list ofthe highest earning solicitors firms and barristers fromthe Criminal and Civil legal aid fund for 2008/09, andfor the first time has also published a second,anonymised, list of the numbers of those who receivedmore than £100,000 from criminal legal aid in thesame year.
This new list detailing the numbers of criminal barristersreceiving more than £100,000 from criminal legal aid in2008/09 shows that there were 874 barristers whoearned between £100k and £299k and a further 75barristers who received more than £300k. These figuresdo not include any other earnings, such as prosecution,civil, family or private work.
Commenting on this year’s lists, Mr. Straw said:
'The large majority of legal aid lawyers work long hoursand provide a valuable and vital public service. It is
entirely proper that these people are paid decent rates.However there are a handful at the top of theprofession, and sometimes in the middle ranks, wherethe picture is very different and there is an expectationthey should receive rewards comparable to those in theprivate sector.'
'There is an interesting comparison to make betweenthe top earning criminal law firm, which has receivedjust over £9 million in legal aid payments over the yearand employs 186 staff, with the highest earningbarrister who made close to £1 million for just a singleindividual.'
Do you get the feeling from this Government that it isthe same old song, but the needle is stuck? Is it timefor a new one song and a new singer?
Child care court feesWhilst on the topic of the Justice Secretary Jack Straw,he has apparently agreed to scrap the controversialcourt fees in care and supervision cases. This follows anindependent report found they deterred local authoritiesfrom starting proceedings.
You may recall that in May 2008, the fees paid by localauthorities for care and supervision proceedings rosefrom £150 to £4,825, following which the number ofapplications to take children into care fell sharply. Therefollowed a series of high profile children cases.
The change will not come into effect until April 2011 toavoid local authorities having to pay back moneytransferred to them from the Ministry of Justice to coverthe fees. Sounds like another cock up but this timenobody has to pay back expenses.
Something About Life At The Bar
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Direct Access is a very big issue. I have been surprised
by the strength of feeling amongst sections of the Bar
in favour of direct access. Direct access means that
you have the right to go right up to the client, shake
hands and say ‘Yes, I am your lawyer for everything
from representing you now, right the way through to
the point when the cell doors bang behind you. So I
am your lawyer now, you don’t need a Solicitor.’
Direct access will mean direct access for litigation and
advocacy. It would not mean direct access for areas of
work unrelated to advocacy and litigation such as
probate or for corporate transactions. It would not be
direct access for the sorts of things that Solicitors do; it
would be for our core functions.
We already have direct access under the Direct Access
Scheme and Licensed Access Schemes. There are many
sets which already do a very high percentage of work
under the Direct Access Scheme. The new BSB rules will
permit private crime direct access, private family direct
access, and private immigration direct access.
Remember that Direct Access means there is no
functional difference between us and a Solicitor. Many
senior members of the Bar feel quite uncomfortable
about this but market forces are driving us in this
direction. If the Bar does go down the direct access
route to an increasing degree then the profession will
alter in some material respects but we will still
demonstratively be a Bar.
We will be focused on the “sharp end”. I do not think
it will affect the reason why people of talent join the
Bar. Why do we come to the Bar? It is because we
want to stand up and have an argument with a Judge
in Court and cross examine witnesses. When we all
first came to the Bar, we knew we were joining a set of
Chambers but we did not really know what that meant.
In truth we were not really fussed about the corporate
structure of Chambers. None of that will change; the
essence of the profession will be the same but there
will be a variety of different commercial and corporate
structures.
There is another development that is going to happen
which is called “dual capacity”. The simplest way to
explain this is as follows. Monday and Tuesday you
work for the CPS. Wednesday, Thursday and Friday, you
move back into Chambers and your self employed.
So you can have different capacities in your practices.
Direct Access
3 Continued on page 4...
These are more edited notes taken at the Manchester Road show: “All change? No change?” held at thebeginning of February 2010. The speaker was the Chairman of the Bar Council.
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4
There are lots of people who already may be sent in-
house for a couple of months on a secondment basis
and they have financial arrangements in place for them.
Allowing dual capacity is really a logical extension of
what many people at the Bar already do and will
provide additional flexibility.
In the fullness of time (after I should add further
possible rule changes by the BSB), you may have a
traditional set of Chambers and you may have a firm of
Solicitors connected to it and on Monday and Tuesday,
the juniors work in the firm of Solicitors as employees
and Wednesday, Thursday and Friday, they move next
door to the Bar. Who knows? There are all sorts of
permutations of what might happen in the future. The
BSB will have to lay down guidelines.
So, in conclusion, in terms of practical points, I am
asking Circuit leaders to keep the ball rolling and for
each circuit to set up a forum so ideas can be discussed
and generated. We are not asking chambers to
exchange commercially sensitive information as
between sets of Chambers, but there are many issues;
regulatory issues, issues about relations with
Government etc,that need debate. The Bar Council will
keep information updated on the website.
We have instructed Solicitors to draft a procurement
company vehicle and we hope you will use it. If it’s
useless bin it. None of this is compulsory and you do
not have to adopt any of it. It will increase the menu of
options which are open to you.
Many people feel they need to change. If you are a
Senior member of the Bar, the only advice I can give
you is that given to me by a member of the Bar in
Cardiff who said: “I hate this. But I am very, very
troubled about the position of the Junior Bar, so what I
have done in my Chambers is that I have asked a group
of junior and middle ranking practitioners to get
together with the Senior Clerk and Practice Manager,
and they are going to come up with a solution, and I
am going to just close my eyes and say yes. I think is a
very sensible approach; we are looking at the future of
the junior Bar, which must be paramount in our
deliberations.”
We now face a difficult time, but we will come through
and we do have a fantastic opportunity. We will get
through it but in 5 years time the Bar will be different
and we must manage that change.
...continued from page 3
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Well you might sign up for Envirowise. Take a look at:
http://www.envirowise.gov.uk
For access to their free tools you are required to login
or register. It is well worth it to put you into the right
mindset to take a good look at what can be achieved in
Chambers.
Welcome to Green Street!
Once logged in the first place to visit is their new
section called “Green Street”. Go to:
http://www.envirowise.gov.uk/media/
Our-services/Tools/Green-Street/index.html
As their sites tells you:
“Green Street is a novel and fun way to help businesses
consider their environmental impact, improve their
knowledge of resource efficiency and save money.
The street consists of a hotel, restaurant, public house,
office and factory. Each building has up to six different
rooms relating to the type of services each
establishment provides. Within the different rooms there
are a variety of hotspots containing tips and advice on
how to make that item more resource efficient and
where to find more information.
Green Street is the Envirowise virtual tour designed to
help your business become more resource efficient.
Green Street consists of a hotel, restaurant, public
house, office and factory. Each building has up to six
different rooms relating to the type of services each
establishment provides. Within the different rooms there
are a variety of hotspots containing tips and advice on
how to make that item more resource efficient and
where to find more information.
Click on the building you wish to visit, and then use the
navigation bar at the bottom of the page to enter
specific rooms. Click on the hotspots to access the
information.
Registering and logging onto the Envirowise website
will enable you to access the array of publications and
case studies highlighted in Green Street. Green Street is
a novel and fun way to help businesses consider their
environmental impact, improve their knowledge of
resource efficiency and save money.”
The environment is affected by all walks of life and it is
no good suggesting that Chambers is immune from
what happens just because their numbers are smaller
than commerce and industry. Members of the Bar and
their staff account for about 15,000 people in total.
Collectively that is a substantial contributor to the
environment and more than enough to make a
collective difference.
Too Busy For Environmental Issues?
7
By The Editor
As if you are not busy enough in Chambers, should you be making time for the environmental issues beingfaced by other and usually bigger sectors of the working community?
You may say that most Chambers are too small to make a difference, and individually that might be thecase. But if everyone does a bit then collectively the difference will be substantial. Where should you start?
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9 Continued on page 10...
When did you start working in Chambers and in
what capacity?
In September 2001 as junior clerk.
Why did you become a clerk?
It was by accident to be honest. I had just completed an
I.T. course after leaving college and I was looking for
work. I was meant to have an interview with a company
based in an office building on Oxford Street; but due to
poor note taking, I wound up in completely the wrong
company! By chance they had a recruitment section and
to cut a long story short, I interviewed with them and my
interviewer knew of a job opening here in chambers. I
applied for the position and the rest (more or less) is
history.
So far what has been your best moment in
Chambers?
Being promoted from a junior- junior clerk to just plain
junior... if that makes sense.
What has been your worst moment in
Chambers?
Managing to fix a case for one of our junior barristers
without properly investigating who was on record on the
other side; only to find out later that it was, in fact, one
of our leaders! My Senior Clerk was not best pleased to
say the least! Sufficed to say I always check properly
now. Also meeting Elliot, a fellow clerk was a particular
low point as well – those in the know will sympathize!
Who has been the greatest influence on your
career?
Firstly my father, who impressed upon me from a very
young age the importance of working hard for what you
want and the reward that comes with it. Secondly, my
magnanimous senior clerk, Michael Kaplan who has
been a huge inspiration to me and with his guidance I
have learnt a lot.
”What Makes A Clerk Tick?”Anthony King is a clerk at 4-5 Gray’s Inn Square. According to theirwebsite: “With 67 member rankings in Chambers & Partners (2010 edition)and 55 member rankings in the Legal 500 (2009 edition) , 4-5 Gray’s InnSquare is acknowledged as a leading set in Administrative and Public Law,Defamation and Privacy, Education, Environment, Local Government,Media/Entertainment and Sport, Planning and in Professional Discipline.”
Anthony assists the first junior clerk, Daniel Perry, in clerking the junior members of chambers under 12 years call. His interests include Literature, socialising, and football.
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What irritates you the most? Dishonesty
What is the best aspect of the job? Conversing with interesting characters, knowing thetruth behind the gossip before it’s made public andbanter in the clerk’s room.
What is the worst aspect of the job? Wading through spam emails and sales calls fromphone companies.
What is your best characteristic, clerking orotherwise? Probably my affable nature or my resilience.
Do you have any bad habits? Too many to mention.
Your favourite film? A Fistful of Dollars, Shawshank Redemption, Gladiatoror Apocalypse Now.
What’s on your iPod? I have quite an eclectic taste so I listen to everythingfrom Bob Marley, Roxy Music, Guns N’ Roses to Jay-Z,Marvin Gaye, Debussy, Bach, Lady Gaga and so muchmore.
How do you relax? Having a beer with my mates or spending quality timewith my girlfriend.
What event anywhere in the world would youmost like to witness? England winning the World Cup, all taxes beingabolished or seeing first hand the bizarre luminescentcreatures at the bottom of the ocean.
Name one person you would like to have dinnerwith and why? Bob Marley (if he were still alive) or Frank Lampardbecause they are both geniuses and legends in theirown rights.
What was the last book you read? A Time to Kill by John Grisham
What would you describe as a “good night out”? When I can’t remember what I did the next day![Editor: This eventually happens but without the goodtimes first!]
Which football team do you support and why? Chelsea, they were my local team growing up and Ihave stuck with them through the good and bad times.
If you were stranded on a desert island, what 2items would you take with you?I suppose a boat is too much to ask so a Volleyball(worked for Tom Hanks) and a Swiss army knife.
If you had not gone into clerking, what wouldyou have become?Probably an I.T. Technician or Doctor.
So what does make a clerk tick?I can’t speculate about others but for me it’s a sense ofpride in the job I do and a desire to be successful thatdrive me to be the most professional, consistent andefficient clerk I can be.
...continued from page 9
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IntroductionThe aim of the white paper is to ensure that anyone withan interest in securing optimum chambers efficiency isequipped to ask the right questions.
The 20 questions are divided into three areas of efficiency: • Client Analysis (efficiency) - in the January edition• Process efficiency - in the February edition• System efficiency - in this edition
[The numbering follows the original White paper]
1 System EfficiencyChambers need to improve their competitiveness byprocessing their matters more cost effectively. With ITplaying a major role in every chambers, it is imperative thatany IT systems employed are ‘up to the job’. There is now agreater focus on return on investment as chambers considerhow to get the most out of the investment they have madein IT.
13 Training How easy is the system to use? If we needed toexpand the chambers quickly, or recruit a number ofnew staff and allow them to be productive as soon aspossible, is our system easy enough to use withminimal training?
Those chambers responding positively to the currentbusiness challenges are frequently those with flexibleworking practices. Any kind of integrated system using the samemethodology and screen layouts will help to introduceuniformity across the business. Today’s modernMicrosoft Windows or Google style user interfaces aresynonymous with easy to learn and intuitive systems. Areliable vendor will advocate some on-site training onfirst installation, but the on-going training of new andtemporary staff can normally be handled by practicepersonnel or via “bite size” courses offered by thevendor.
14 Supplier StabilityIs our current legal software supplier financially secure?Are they likely to be around for the long-term or arethey a likely candidate for acquisition? It is important to check out the track record of asupplier before installing their software. Are theyfinancially stable? Or are they a prime candidate foracquisition? What do their customers say about them?
Alliances with third partiesLook carefully at whether the developer may be tempted to join a larger brand or indeed rely on the partnerships with 3rd parties where they look to ‘bolt onto’ additional applications at the expense of updating their own core software to a more modern platform.
There is a huge risk in investing in a supplier who is not updating their core applications, but is instead relying on third parties’ software to give the appearance of ‘moving with the times’. A visit to the software firm can be reassuring, so can references. It is advisable to talk to customers who have experience of the developer and find out the real truth on their track record.
15 Integrated Database Is all the client information held on one database or onmultiple databases?Chambers using a centralised database only have oneplace to store information and printing a client reporttakes minutes, instead of months. The big pay-offs froma fully integrated system are instantly availablebusiness intelligence and increased efficiency.Chambers using a single database report a substantialincrease in productivity.
13 Continued on page 15...
A Chambers IT strategy?20 Questions To Ask Your IT Partner [Extracts]
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Well despite the bad press at that time this racket
continues and is even fighting back. When I went to
collect my hire car in Spain a few weeks ago there was
a big sign up saying that if I did not take out their
excess insurance there would be an additional 300
Euros deposit needed. This still applies even though I
showed them by annual policy with Insurance4hire.
They said that if there was a claim and they kept the
money I should claim it back off my insurers.
Not a lot seems to have happened since the Sunday
Times campaigned for the industry to clean up car hire
and in particular:
No more excess charges
All insurance included in the quoted price
Clear and simple documents
The end of nasty credit-card surprises
The newspaper also reported on the petrol rip off scam
which I had also referred to some years ago. They
suggest this can be avoided by checking the terms and
conditions before you book.
It certainly pays to be meticulous at both collection and
drop off of the vehicle and insist that it is checked.
You hear some frightening tales, and it’s always difficult
to challenge when you are back in this country.
If you are going the extra mile to protect yourself,
check:
If you’re expected to return the car with a full or
partially full tank of fuel
What time the vehicle must be returned by on the
day of departure
The condition of the vehicle with the rep on
collection AND drop off
Take photos if necessary
Keep the petrol receipt(s) just in case
Ian Sutton at Insurance 4carhire.com comments:
“I think you’ll find the industry is pretty much the same
since you reported back in 2005. The rental counters
still continue to sell their own products that offer some
protection but these can be costly and charged on a
daily rate as opposed to an annual policy like ourselves.
We feel that the additional cover points (windscreen,
tyres etc.) and the fact you can use the policy unlimited
times throughout the year (limited to 31 days per rental
agreement) give us a distinct advantage.”
Car Hire - Insurance
12
You may recall in 2005 that I reported to you on the excess insurance cover costs when you hire a car at aforeign airport. I suggested you check out www.insurance4carhire.com. Their annual policy covers tyres,windows, roof and undercarriage. The last is particularly important in countries with poor road surfaces.
It’s easy to damage a petrol tank but expensive to replace.
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16 Costs How much does the system cost to run? Does it deliverthe appropriate efficiency benefits to justify ourinvestment? A chambers that is serious aboutdelivering a measurable return may need to re-thinkthe way they do things. In business terms it should:
• Determine the objectives or goals of theproposed new system and what business issuesthey want it to solve
• Unite the project team, making sure everyoneunderstands the IT project goals
• Define the success criteria for the system, andensure that the goals are measurable
• Communicate the goals to everyone in thechambers
• Quantify real costs, benefits and ownership forall work related to the project
• Relate everything back to the bottom linereturn on investment
• Make sure senior stakeholders buy in • Keep people focused on the project and why
they are doing it • Review
17 Accessibility Is there direct access from the whole of chambersteams to the systems? A centralised database with access to client mattersfrom all areas of the chambers enables a good flow ofinformation and communication.
18 Remote Access If anyone needed to work away from the office wouldthey be able to access the IT system in exactly thesame way as they do in the office and workeffectively? Technologies can now provide remote access to thechambers software, through the creation of a virtualprivate network (hosted) or via the internet. Utilisinghosted solutions, chambers can make substantialsavings on the hardware they require to run theirsystems and also reduce their insurance costs as theyhave no expensive on-site equipment. Barristers andclerks can dial in remotely from a client’s office, courtor home and work from the same screens they wouldhave in the office.
19 Automation Will chambers need to employ paralegals or the likewith the forthcoming changes under the LS Act? If so,will the systems we have be able to cope with that,will they be able to provide the level of automationrequired for paralegals to work effectively andefficiently.
One of the key benefits of IT is the ability to automatecertain core activities in the practice. With automationcomes uniformity of process and many chambers reportsignificant savings both in terms of the number of staffthat need to be employed and also the skill setsrequired. Automation eliminates process inefficiencies:namely duplication of information and re-keying ofdata.
Technology should make a firm more cost effective. As IT systems reduce the administrative workload, it ispossible to reduce the staff-client ratio. A reliable software vendor will ensure that chambersreceive regular software updates encompassing newlegislation and legal standards. This reduces some ofthe pressure often felt internally in an organisation, toconstantly keep abreast of these changes.
20 Product Support Good vendor support is critical to the day-to-daysmooth running of a practice. You need to becomfortable that your call will be dealt with promptlyby an experienced customer support representative.
Reliable and regular updates Good vendor support is critical to the day-to-day smoothrunning of a practice. You need to be comfortable that yourcall will be dealt with promptly by an experienced customersupport representative.
...continued from page 13
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A R T I C L E
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Dear Ted & Alice,Every year it is the same. When I come to book my
holidays everyone else including the junior has got
their dates all mapped out in the diary. Looking at
the diary entries some of the dates were booked
last November. We are not a big set so we cannot
have too many away at the same time, and the
senior clerk doesn’t care as long as he gets what he
wants. Any suggestions?
Ted: If you cannot beat them, join them and put your2011 dates in the diary on the 1st September2010. Mind you, having said that, you had bettercheck earlier now the whistle has been blown.
Alice: Never hurts to get your towel out on the sun bed
nice and early! There should be a “batting order”based on seniority with the senior clerk’sapproval.
Dear Ted & Alice,Do you think if I have a moan in your column that
my colleagues will listen? Sometimes when our
junior clerks open the post/DX in the morning they
do not immediately put ribbon, rubber bands or
anything around briefs so they can get mixed up.
More than a couple of times now it has been up to
me to separate bundles. They just don’t see the
problem and think it will be ok, and then say it is
the solicitor’s fault for not using pink ribbon. That
may be right but guess who will get the blame
when something goes wrong?
Ted: There, you just had your moan. I hope it works foryou.
Alice: There is a principle here. There should never be
more than one set of papers or brief open on aclerk’s desk at any one time. It is inviting disaster.Once a set is mixed with another the onlyperson[s] who can tell you what goes with eachset is the solicitor who created the bundle. And toask the solicitor is to admit incompetence. Do thejuniors really want that? Wise up!
Dear Ted & Alice,I’ve been a clerk for 12 years now and I think I am
pretty good at my job. Unfortunately I don’t think
anyone else does which is why I haven’t had a pay
rise for 2 years. I know this is not just the “credit
crunch” as I have overheard others talking about
their pay increases. My annual review did not help
either, so I am thinking of getting out of clerking.
The trouble is I do not have any qualifications
which another employer in another industry would
recognise. What should I do?
Ted: It sounds like you are do not think you will makeit to be a senior clerk and the pay thing is gettingto you. So you might as well look elsewhere.Make sure you get a good reference before yougo.
Alice: The lack of recognised qualifications may be a
problem, but just putting 12 years as a barrister’sclerk should count for quite a lot.
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64 Bridge Street: Manchester Legal Centre64 Bridge Street, Manchester M3 3BNT: 0161 839 1002 F: 0161 819 5205DX: 14349 Manchester E: [email protected]
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”
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Boy, how do I answer this? Like all clerks, a dailyroutine simply does not exist. Like many of you, I givesome thought to the day’s priority task on my way towork: I arrive, switch on pc; make a drink; and settledown to deal with the ‘must do’ jobs. For me,depending on which chambers I am working in, thismight be attacking the family billing shelf; getting onwith a mailshot for a forthcoming seminar; preparing asubmission for Legal 500; preparing a tender documentfor some local authority work; attacking some of theold debt; or providing some training on procedure oruse of software; and so the list goes on.
So, like all clerks, I settle down at my desk, an earlystarter, in before anyone else, put my cuppa on my left(well away from the mouse to avoid any mishaps!) andembark on that ‘must do’ job – ever hopeful that I cancomplete the task in hand with no interruptions. Fatchance! In just one day, interruptions include:• Phone call : ‘someone’s played with my pc and
now I have big icons’ • Phone call : ‘When I try to log on to the system : it
is displaying an error’ • A colleague calls out : ‘Is there something wrong
with the print spooler, my fee notes aren’t comingout’
• Behind me: there is some commotion betweenman and machine: paper drawers are beingopened and closed, lids are being lifted andlowered, someone is sighing heavily [I ignorethem]
• Phone call : is there a problem with the faxmachine: I have been trying to send one throughfor the last half hour [I get up and take a look. Ithas run out of paper. I fix it and report all is nowwell]
• Expletives, huffing, puffing, clanging and slammingcontinues behind me [I keep my head down]
• Barrister : do you know where my brief is for today[I try to help : its 9.30am …why didn’t they dealwith this yesterday!!!] ‘Could you fax it through tothe court, only I am going to be late’ [Oh, so nowit’s become my urgent task – because you didn’tcome in last night!]
…and so the list goes on! Sound familiar?!
So what exactly do I do? Well, I am initially employed todo specific jobs for a client, be it organising seminars tomaintaining the website; answering phones andbooking counsel to billing and debt collection; dealingwith IT issues to running management reports andkeeping the database clean. However, like all clerks, Iam equally skilled at dealing with the numerousinterruptions that provide variety to the working dayand at times challenge our patience and sanity – andmy colleagues are clearly glad I am there since it meansthey can often keep their heads done and leave me tohelp the barrister with the photocopier instead ofthem!!
Gill Butchard - So What Exactly Do You Do?
19
As husband Robin is about to retire from Zenith I thought I would ask Gill a silly question. This was her reply!
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100th Edition
winterbreaksWhether you are looking for a weekend away
with friends, a bonding session with your clerks’
room or just a romantic winter break for two,
putting it together on a realistic budget can be
difficult.
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The magazine is now in its 9th year and we have come a long way from the early editions. Some of you were still at school when we first printed a small folded photocopy magazine that went toevery chambers. So to remind you of our humble beginnings, here are 4 of the covers from some of the
very early copies.
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The benefits of learning how to taste wine are both immediate and tangible. Being able to interpret appearance, smell andtaste in the glass, and recognising the characteristics of the small number of grape varieties which lie behind most winelabels not only enhances enjoyment, but boosts wine confidence, two excellent reasons for learning the ropes. Anybody
with working faculties and the will to succeed can do it, and, with a little practice, achieve a good standard of wineappreciation. In our sensory journey, this month we take a look at sight!
The Wine Society’s Guide to Wine Tasting
A good look at a glass of wine is revealing. It betrays a numberof faults which may be present, and can offer clues about theage of the wine, as well as its provenance and even in somecases, the probable grape variety from which it is made. Viscous ‘tears’ or ‘legs’ which cling to the side of the glass once it has been tilted slightly are useful clues to the wine’salcoholic strength.
White wines range from pale to gold, encompassing palestraw, green-gold (often a sign of acidity, and typical of youngriesling), mid-gold or even in the case of some dessert wines,old gold. White wines deepen in colour as they age, so thecolour can tell you something about maturity.
Reds, on the other hand, become lighter with age. The firstsigns of maturation are visible at the rim of the wine, so alwaystilt the glass to see how the colour changes. Certain varietiesproduce more deeply-coloured wines than others. Cabernetsauvignon and syrah or shiraz, for example, tend to make deep,dark wines, while pinot noir produces lighter-coloured reds. Areally mature red often has a tawny appearance.
Rosé wines, depending on their grape varieties and methodof production, can range from the palest onion-skin or ‘oeil deperdrix’ (partridge eye) to almost blue.
In sparkling wines, look for the mousse, or column ofbubbles rising from the core of the glass. Small, agile bubblesindicate good quality, whereas large, coarse ones, similar tothose found in fizzy water, suggest that carbon dioxide hasbeen added, rather than produced by the process of secondaryfermentation which creates the best fizz.
How do we best see what is in the glass?• Hold the glass by the stem. Nursing the bowl with warm
hands increases the temperature of the wine (althoughthis is a useful tip if a wine has been served too cold).
• Now, keep the glass vertical, and looking from above, noteclarity, limpidity, brightness and depth of colour. This is thetime to check for visible faults, such as abnormally darkcolour, unexpected bubbles, and foreign bodies or solids.
• Next, tilt the glass at an angle of about 45º and look atthe wine again, this time noting any difference in colourbetween the core and the rim of the wine. Is itpronounced? Is the colour intense throughout? Try to putthe colour itself into words.
• Finally, look for 'tears' or 'legs' clinging to the side of theglass. Are they absent, moderate or pronounced?
• Record your impressions.
For more information about The Wine Society, including how tojoin, go to www.thewinesociety.com
Life membership of The Society can be yours for a one-offpayment of £40, giving you a share in this co-operativebusiness.
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Effective ClerkingOverview and summary - Course Director Jackie Maskew – Chartered MCIPD
Consultant with Footsteps Management Solutions
In today’s highly competitive environment a betterunderstanding of client’s needs and an increased professionalapproach is required in order to stay ahead of the game.Winning new clients, managing existing relationships andbuilding successful brands are highly important in suchdemanding times.
The need to strengthen skills, increase confidence, boost moraleand build on success will assist in creating real competitiveadvantage, and add value both internally to clerking teams,chambers management and externally to a range of clients.
A two-part course on “Effective Clerking” has been designed,developed and subsequently piloted by leading Manchester sets9 St John Street and Deans Court and has proved verysuccessful. The sessions acted as an overview for all staff,including a refresher course for senior clerks and practicemanagers and promoted active participation and discussion.
The sessions were presented with a 2 week gap between them,allowing the delegates time to take on board the concepts andideas, and an opportunity to reflect on their learning. Key aimsand objectives were clearly achieved as the sessions assistedthe individuals to understand and appreciate the need andbenefits of effective communication and negotiation, andaddressed some of the key issues around them.
In close discussion with respective senior clerks Tony Morrisseyand Matt Gibbons a real need for training within these areaswas identified, which would assist individuals with regards toeffectiveness and improved performance within their roles inthe present climate.
From the 18 individuals who attended the session’s feedbackincluded the following;
“I think one of the important themes that ranthroughout was that of the vital role clerk’s play withinChambers, but only if we are effective clerks”“Both sessions were very good and I came out of themfeeling positive”
“Very good for the junior clerks to actually realise theresponsibility they have”
Tony Morrissey commented:
“Having well trained and motivated staff is one of mymain priorities to ensure the level of service providedby the clerks is at the highest level expected by bothMembers of Chambers and Instructing Solicitors.”
“Footsteps provided an excellent tailor made seminarconcentrating on key areas to meet our needs and waspitched at an appropriate level for all clerks withdifferent levels of experience”
Jonathan Maskew, course presenter added; “that whilstit was a challenge to design a course that offeredsomething for all staff no matter how long they hadbeen in chambers, through discussion and exploringexamples of both good and bad practice a betterunderstanding and wider appreciation of effectiveclerking was clearly achieved”.
The 2 part training sessions are now being offered and placesare limited
London - Wednesday April 14th & Wednesday April 21st(Varying start times – 10.00am / 1pm / 4pm )
Manchester – Dates to be confirmed in May
Cost per person - £125.00 + vat
To reserve a place or request further details contactJackie Maskew E: [email protected] M: 07963 740932
2010 looks set to be the year for 3D films, with the eagerly anticipated release of Alice in Wonderland,Toy Story 3 and latest addition to the Shrek family. The 3D film of the moment, released at the end of
2009 but still going strong, is Avatar, rated as the biggest film of all time, bringing in $2.6bn in box officesales to date. Despite such impressive claims, at this month’s Oscars ceremony, it was underdog film TheHurt Locker which swept the board, taking home a grand total of 6 Oscars including the prestigious bestpicture award. However, Avatar was noble in defeat, being awarded well deserved Oscars for best visual
effects, best cinematography and best art direction.
This one came from a “friend”. He said it was just up my street. I am not sure how to take that! See what you think:
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AvatarAvatar is a sci-fi film set on the fictional moon Pandora.The basic storyline is that humans are searching for aprecious mineral (Unobtanium) which is scatteredthroughout the woodland occupied by the indigenouspopulation, the Na’vi, and various fierce-lookinganimals.
In the outdoors of Pandora, humans need masks tobreathe, hence the invention of the genetically bredhuman-Na’vi hybrid, the Avatar body (the familiar bluepeople from the film’s advertising and trailers) accessedthrough the specially designed mind-body transfer pods.
Protagonist, paraplegic ex-marine Jake Sully, is broughton board late in the project following the death oforiginal team member, Sully’s brother Tom. Sully quicklybecomes the channel through which the humanexploration team can find out more about the Na’vi,their surroundings and ultimately to encourage them tomove from the Unobtanium-rich Home Tree, so miningcan commence undisturbed.
Sully is more than happy to assist with the task byutilising his Avatar doppelganger, originally designed forhis twin, but also perfectly matched to his replicagenetic make-up. He enjoys his experiences with the
Na’vi, learning about their culture and being taughttheir traditions, not least because he has found his feetagain and thrives on the new-found sense of strengthand freedom afforded by the physically superior Avatarbody.
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Humorous Emails Clerksroom Magazine Film Review 2010
By Aimée Summers
“The madam opened the brothel door in Glasgow and saw arather dignified, well-dressed, good-looking man in his late fortiesor early fifties. "May I help you sir?" she asked. "I want to seeValerie," the man replied.
"Sir, Valerie is one of our most expensive ladies. Perhaps you wouldprefer someone else," said the madam. "No, I must see Valerie,"he replied.
Just then, Valerie appeared and announced to the man shecharged £5000 a visit.
Without hesitation, the man pulled out five thousand pounds andgave it to Valerie and they went upstairs. After an hour, the mancalmly left.
The next night, the man appeared again, once more demanding tosee Valerie. She explained that no one had ever come back twonights in a row, as she was so expensive. There were no discounts.The price was still £5000. Again, the man pulled out the money,
gave it to Valerie, and they went upstairs. After an hour, he left.
The following night the man was there yet again. Everyone wasastounded that he had come for a third consecutive night, but hepaid Valerie and they went upstairs.
After their session, Valerie said to the man, "No one has ever beenwith me three nights in a row. Where are you from?" The manreplied, "Edinburgh ." "Really", she said. "I have family inEdinburgh."
"I know" the man said. "Your sister died and I'm her solicitor. Iwas instructed to deliver your £15,000 inheritance in person."
The moral of the story is that three things in life are certain:1. Death 2. Taxes and3. Being screwed by a lawyer!”
I don’t have a problem with the joke. I never did probate!
Continued on page 28...
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As the team move in to seize the prize of their work,
the Na’vi resist and an epic battle for Pandora ensues,
made all the more nail-biting from Sully’s (and others)
divided loyalties following successful integration into
the community and torn between following orders or
protecting the world he’s come to inhabit.
The fighting takes place both on land and in the sky
with the impressive machinery of the humans pitched
against the primitive methods of the Na’vi.
There’s some excellent acting in this film, most notably
Sam Worthington who plays a completely convincing
disabled soldier, but by far the most impressive
elements are the special effects, for which the film is
best known.
Fans of sci-fi will be in their element with Avatar. As
will fans of war films. In fact, there’s something for
everyone, even those who simply enjoy a good old love
story (Jake Sully and the native, Neytiri) and a happy
ending (me included)! If you haven’t yet seen it, book
your tickets, don your 3D glasses and get watching!
...continued from page 27