2012

 “King’s letters could be musings of a mad man” read the headline in Monday’s Metro (19 November 2012). 

What followed was a story describing how scientists at the University of London will attempt to analyse the letters of King George III using technology to look for patterns of words that might give some indication as to his state of mind at the time of writing. The idea of looking for relationships between words struck me as a familiar one.

Education does not lie outside society. One can learn from life experiences, whether you are learning physics, mathematics, music, art, the social sciences, law or any other subject. We live in a time when information is more accessible than ever before, and using this to your advantage is an important and useful study skill. 

When it comes to law, current affairs, news and social trends can be an extremely useful source of learning about the subject. You can learn a lot about current trends in legal practice simply by keeping your finger on the pulse of society and following news stories via different media sources. This can not only be a useful learning tool, but will enhance your Legal Secretary career. 

It’s essential to take the time to relax – to take a break from other things: work, home, other people. It is vital to maintain ourselves and our health, both physically and mentally. We really need to give priority to the time to relax regularly in order to recharge the batteries. Things can take on a fresh perspective when we make this time for ourselves; we can become more resilient and calmer all round.

This is a busy time of year, and this is the first in a series of articles about different types of relaxation exercises to help you through stressful periods. Different methods of relaxation suit different people, and it’s good to try out various methods to see which ones give you the most benefit – and then, ideally, to build them into a routine part of your daily life.

A topic that has been in the news a lot recently is the question of whether prisoners should be allowed to vote in the UK. The European Court of Human Rights has ruled that preventing prisoners from voting essentially denies them their human rights and is therefore against the law. In our society, there is a variety of opinions on this matter, and while Prime Minister David Cameron is vehemently opposed to the idea, Parliament is set to debate this question and make a ruling. 

So, what is the answer to this question? Should all prisoners have a blanket right to vote, or should everyone in prison be equally denied the opportunity to vote? Or is there another solution, whereby the right to vote is dependent on the nature of the prison sentence, with certain prisoners – depending on their crime and sentence – given the right to vote? 

Top London law firm Berwin Leighton Paisner (BLP) has been running a trainee Legal Secretary (TLS) scheme for over 10 years with a fantastic success rate. The last five years alone have seen 100% retention, with all the programme’s trainee Legal Secretaries securing permanent secretarial positions within the firm.

Last month, I promised to tell you about my ‘run-in’ with His Honour Judge Claude Duveen of Slough County Court. This happened in the mid-1970s whilst I was with Campbell Hooper & Austin Wright at their Sunningdale/Ascot branch office – a very upmarket firm with some famous clients, such as Diana Dors, England’s answer to Marilyn Monroe. In fact, Ms. Dors was the English equivalent of all the blonde bombshells of Hollywood. She described herself as “the only sex symbol Britain has produced since Lady Godiva”!

Many people think that lawyers are dull fellows (or Fellows) and picture them wading through dusty tomes in dusty offices with quill pens in hand and sour expressions on their sour faces. Not a bit of it! (Although, I must admit, I can think of one firm of Solicitors in a smallish town in Devon, not a million miles away from Exeter, that does not seem to have been able to dig itself out of the Dickensian past – but they are an exception.)

Everyone recalls a time or a particular situation when we wish we had been more assertive. Assertive communication is all about putting our point of view over – clearly and calmly, free from the distortion of mood or circumstances – so that we can best communicate how we feel about something and what we need as a result.

If a particular situation nags at our thoughts, this can be because our response was not as we wanted it to be. Replaying the same situation through our minds, again and again – what could or should we have said differently? – is a sure sign that we have not expressed ourselves as we needed to. The mind keeps working on a solution before we can let it go.

 “Making a will is something everyone should do. It is one of the most important actions that individuals take. We should be able to have confidence in those who advise and draft documents for us.” This advice came earlier this year from Mr David Edmonds, Chairman of the Legal Services Board (LSB). The LSB is the new ‘super regulator’ for all lawyers in England and Wales, including Solicitors,  so when its Chairman speaks, those in legal practice should listen. 

 We all know that the economy has been going through difficult times, due to the banking crisis and turmoil in the Eurozone. There are signs of it turning around, however, and this is reflected in the job market. In particular, there is something of a mini-boom happening in the legal industry in London.

We have all, at some time, encountered the steamroller and the sniper. ‘Steamrollers’ are aggressive, hostile and intimidating; they don’t listen, they talk over what anyone else may have to say and they bludgeon others with their views and demands. ‘Snipers’ are far more insidious; they seek to undermine, often indirectly, and pick fault.

Steamrollers have a great need for control, and snipers are essentially insecure. So, how can we best take the sting from their poisonous tails? Let’s consider some examples:

Steamroller Case Study

The Institute of Legal Secretaries and PAs features a range of single-subject legal courses which are designed to provide you with a good understanding of one specific area of law. Whether you are already working within a certain area of law and want to advance your knowledge, or you would like to secure a position in an area that interests you, ILSPA’s single-subject legal courses are the perfect way to focus on exactly what you want to learn in order to have a successful career.  

At long last, the Government has recognised the fact that the vast majority of the population are looking for a much higher level of protection when it comes to confronting intruders during a burglary. Perhaps now we will be less likely to be identified as criminals simply for protecting our loved ones and belongings.

The new Justice Secretary, Chris Grayling, outlined his plans to provide homeowners who are the victims of burglary with more protection under the law if they injure the intruders in the heat of the moment. He stressed that the current law and test on ‘proportionality’ do not go far enough, leaving most homeowners afraid to use any level of force to protect what is dear to them. In short, most of the population of this country would agree that the law appears to be firmly stacked on the side of the criminal rather than the victim.

 When you think about how domestic violence was perceived in this country only a few decades ago, it is shocking to acknowledge just how blasé society was in general. In fact, to some degree, it appears to have been regarded as the norm, and this would have represented one of the harshest injustices of the time. Even to this very day, in criminal law, domestic violence does not seem to be tackled in the same way as if you were to simply attack a stranger on the street, for example; the law is still apprehensive about interfering in matters that go on behind closed doors.

You can’t really “manage” time, which is why I’m not the biggest fan of the term “time management”. I use it only – and then only very reluctantly – because that’s the term most people are familiar with.

But in actuality, the only thing you can control is what you do with your time; you’re really managing your activities, not your time.

This may seem like a silly distinction, but this small shift in thinking can profoundly and positively affect your productivity. 

In her book Time Management from the Inside Out and other writings on the subject, author and professional organizer Julie Morgenstern advises that instead of thinking of time as abstract, you should think of time as something tangible – a container. There are only a limited number of things that can fit into the container.

 One of the biggest concerns for anyone studying a course is finding the time and motivation to commit to it. This is easier for some people than others, depending on a number of different aspects which are prevalent in your life. One of these aspects is having a good diet and being healthy. 

Following the tragic and shocking murders of two policewomen in Greater Manchester – Fiona Bone and Nicola Hughes – that old debate of whether capital punishment should be brought back has been reignited for the murder of police personnel. Aside from a small number of sick people who decided to pay tribute to the killer through social media sites, the vast majority of the population of the country were shocked to the core when this terrible news reached their ears.

Following the Energy Act 2011, a new government initiative known as the Green Deal is due to become active on 1 October 2012. This is designed to install new green technology into homes without the owner having to pay an upfront cost. Instead, the costs are paid back through your energy bill over a period of time. There are a whole range of improvements that can be claimed, including double glazing; cavity wall and loft insulation; gas and oil boilers; and renewable technologies such as solar PV, solar thermal and heat pumps. 

22 September 2012 marked the third Annual World Rhino Day. Many of you may have heard about it, but some of you may not have. One thing for sure is that we have all heard about the plight of the rhino at some point. Having grown up in South Africa during the ’80s and ’90s, I hold rhino conservation very close to my heart. At least once a week the news would break that a poacher ring had been dismantled by force.

There are many people who believe that the life of a Student is an easy and carefree one. But this is not necessarily true. The practises and habits that you set in place when you are a Student will often remain with you for the rest of your life and lead to your success. So it is important to realise that you have both strong points and weak points, and to then do what you can to improve yourself.

Challenging unhelpful negative thoughts is a skill. These thoughts are not facts, and by challenging them we can differentiate between what is real and what is distorted emotional interpretation. When we temper and control the emotional black-and-white thinking, which comes from an agitated emotional brain, we can better access our thinking rational brain (our higher intelligence) and see things with a far clearer perspective. This is good emotional intelligence, not least because it is fair, realistic and balanced.

Once you’ve taken the Oath or given an Affirmation in Court you are legally obliged to be completely honest. If you’re caught out lying you can be charged with perjury, contempt of Court or even perverting the course of justice. Lying under oath can be both a criminal and a civil offence. The punishment could include a fine and/or a jail sentence, depending on what effect the lie has.

When people who should not be in such work manage to slip through the cracks in the pavement and enter professions where vulnerable children or adults are involved, this is an issue that is always guaranteed to create a high level of controversy in society. After all, the vulnerable are the people we should always make every effort to protect the most, and when there has been a breach of trust, this is something we have to learn from and we must ensure the same thing never happens again.

As you work your way through the Legal Secretaries Diploma course, there may be a part of you that feels anxious about how you are going to secure a job as a Legal Secretary or PA. This is perfectly understandable, as you are only human. Rest assured that some of the other students will be feeling exactly the same way. The good news is that there are some excellent resources on offer when you decide to study through the Institute, and these include CV help, career guidance and access to a wealth of information that could really help you to move forward.

I expect at some point in your life – perhaps more than once – you’ve said this. When you’ve said it, you most probably meant something like “I wish some significant good fortune will come my way soon!”

Reading the Daily Express on my flight to Spain on 25 June, I came across a small article on a poll carried out by the children’s literacy charity, ‘Volunteer Reading Help’.  In their study of 500 Chief Executives, Managers and other high earners, they found that hard work, charm, persistence, warmth, intelligence and a sense of humour were high amongst the ingredients for success. It also revealed that luck, fate and good timing also help.

Once we are aware of any one or more unhelpful thinking tendencies, we can then begin challenging unnecessarily negative thoughts and practise using different language which better reflects the shades of grey of reality, training the brain to move further away from instinctive black-and-white (emotional) thinking. Here are some examples of some typical black-and-white thinking styles and possible contrasting ways of looking at things.

Well, actually, no! You’re not its greatest asset, but you are part of its second-greatest asset, and that is something, in itself, to think about! Why? I’ll tell you later.

What, then, is your firm’s greatest asset? It’s their clients. Why? Well, without them there would be no firm, no business, no partners and no staff, because there would be no money coming in! So clients are extremely important – you don’t need to be a rocket scientist to appreciate that – as Aleksandr Orlov Meerkat would say – ‘Simples’!

The conscious (thinking) brain and the subconscious (emotional) brain

Our brain is a complex and fascinating organ. The thinking (conscious) brain operates at an intellectual level, giving us perspective and good problem-solving capability. When it works in healthy harmony with our emotional (subconscious) brain, we function at our best and can be at our most robust and resilient in dealing with whatever life throws at us. Research has shown that the emotional brain processes around 2 million pieces of information every second. In contrast, the thinking brain can hold only between five and nine things in conscious awareness at any one time. So, of necessity, all the pieces of information that the emotional brain deals with (like blinking, regulating blood pressure, telling us when we need food, etc., as well as the range of feelings and thoughts which it generates) need to be filtered before being brought into conscious awareness. The brain’s own filter mechanism is capable of developing and retaining unhelpful negative processes, the three most usual culprits being deletion, distortion and generalisation.

Have you recently decided to return to studying after a long break? Perhaps it has been many years since you last found yourself in such a position, and now that you have enrolled on one of the Institute’s courses, you are hoping that you will feel enthusiastic right through to the end. Enthusiasm is a common emotion to feel at the start of a course of study, although it is sometimes difficult to maintain. Rest assured that there are ways in which you can control such emotions, and ensure that you remain steadfastly committed and enthused by the course.

There are times when we talk to ourselves critically. Perhaps we just think it, or perhaps we voice it out loud. “I’ll never get this right.” “I’m such an idiot.”

Phrases like this are a sure sign that emotional hijacking is at work. If we become aware that this is going on, however, we can challenge the thought rather than become a helpless victim to it. Challenging allows us to better control our emotions. The emotions are sure to be giving us some message, but the real message is more than likely to be obscured by emotional hijacking and so we risk misinterpreting what is actually going on.

A Summary of the Effect of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

For several months we have been following the passage of the controversial Legal Aid, Sentencing and Punishment of Offenders Bill (LASPO) through Parliament. This month, despite 14 defeats for the government in the House of Lords, it has now become an Act. The changes to civil litigation will be the most comprehensive since the Civil Procedural Rules (CPR) were introduced over 12 years ago. These reforms were not unexpected, and if you look back through the Institute’s journal articles since 2010 you will see many references to Lord Justice Jackson’s Report on Civil Litigation and costs.¹ It has already taken two years for the Jackson reforms to hit the statute books, and it is expected to take until April 2013 for the changes to be made in legal practice.

The Legal Secretaries Diploma is studied by a wide range of students of varying ages and different backgrounds. Whether you are young and just starting out in your career or you are an experienced professional and want solid career direction, our course is suited to you. One of our students, Annabel Hammond, proves the latter. We were very pleased to see that she achieved a distinction for our course with a result of 99%. This is an extremely high achievement and shows that Annabel has great attention to detail and an excellent understanding of law and legal procedures.
 

Over the years since I have been writing articles for The Institute of Legal Secretaries and PAs, I have covered the topic of anti-social behaviour on a number of occasions. This is mainly down to the fact that this particular subject means so much to all of us; after all, it is a huge issue within many of our neighbourhoods, and there are high levels of frustration when it comes to how people feel local authorities, the police and the criminal justice system are dealing with such problems.

If at first you don’t succeed – take a different approach!

There are two ways of tackling a problem – logically and creatively. Most people use the former approach. However, many problems just cannot be solved logically, because we are used to making assumptions about the information that we gather in an effort to try and overcome the problem. It is important, with problem solving, to beware of having fixed ideas.

We all carry around a fair amount of emotional baggage – things which have annoyed or worried us, whether they are to do with work, home or our social life. These things can create emotional clutter in the mind unless we develop healthy ways to clear them out so we can concentrate better on what is good for us.

After months of determination your hard work has paid off, and you have now qualified as a Legal Secretary. Some of you may wish to further your qualifications and strive for a career as a Paralegal or even as a Solicitor or Barrister. Whilst others are satisfied that they have an excellent qualification to be proud of, does this mean it is the end of developing your knowledge and skills?

The subject of House of Lords reforms has been continually discussed for more than 100 years. Many of us have come to believe that the possibility of any real reform is a myth. For some, the House of Lords itself is like an archaic myth – do they really refer to one another as ‘noble lord’ and ‘noble baroness’? And what work do they really do? Now the current coalition Government has decided that it wants to have another crack at reform.

The Law Commission¹ recommended at the beginning of this month that more than 800 old laws be removed from the statute books. The recommendations cover laws on poor relief, lotteries, turnpikes and Indian railways. The oldest legislation dates back to 1322 (Statutes of the Exchequer), and the most recent is part of a Taxation Act from 2010. This is the largest of the Law Commission’s reports (there have been 18 others to date) on removing outdated laws. It is likely that their recommended Statutory Law (Repeal) Bill will be accepted by Parliament this summer as (another!) law on the statute books. 

One of our Associate Members, Clint Diesto from the Philippines, has written an article on the importance of Paralegals in small claims cases. The fundamental question is, when should Paralegals appear in order to assist a litigant?

Imagine yourself at a collection suit hearing in a tribunal or court where you have to appear before a Judge. Although you have been informed that this is an informal hearing and you have to raise a point of inquiry before the Judge, you cannot express it confidently because you are afraid you will be misquoted by the court.

Another instance would be as follows: You are supposed to present your bargaining terms with the other party, yet you cannot formally present it even with the court’s assistance, because you cannot lay down “legal and formal” terms and conditions.

The term “Paralegal” is used in most jurisdictions to describe a professional who assists qualified lawyers. This is the case in the US. However, in England and Wales the profession has yet to agree on a definition, and thus much confusion has existed in this area. The term, introduced in the UK in 1987 by the National Association of Licensed Paralegals, defines a “Paralegal” as a person who is qualified through education and training to perform substantive legal work; who requires knowledge of the law; and who is not a qualified Solicitor, Barrister or Legal Executive.

Do you need to stretch yourself more in terms of development?  Do you wish you could achieve more?  Do you sometimes feel stuck in a rut?  Set yourself some personal objectives to achieve.  To help you achieve them, here are the top ten tips, including the SMART model:

Spring is a great time to see the process of renewal in the natural world and is a great time to take stock of our lives – what is working well for us, what is not working so well and seeing what changes we can make or influence.

We often spend a lot of time on automatic pilot: busy getting things done as well as thinking about what needs to be done next, as well as experiencing distractions of one sort or another. We often feel that there is little time to spare outside everything that is going on. However, there might just be spaces which we haven’t fully recognised or put to best use and perhaps we can also create some new spaces in order to build in time for something which nourishes us – this might simply be some peace or quiet.

As a course assessor for ILSPA, I am often asked by students studying for the Legal Secretaries Diploma what the best way to study is when they are finding a particular concept difficult to grasp.  I always respond that there is no set answer, as people study and retain information differently.

The typical work life of Legal Secretaries or Legal PAs, especially those working with top executives, is very challenging, time constraining and full of trying relationships often resulting from conflicts of interest.  Universally, it is believed that ineffective communication, unhealthy competition, personality clashes, conflicting interests, jealousy, time constraints and unclarified assumptions are the major causes of conflict.  Oftentimes, when conflict is not well managed, our emotions are negatively affected, as it leads to confusion, frustration and demotivation.  Conversely, where it is constructive and properly managed, it becomes a healthy tool for achieving greater performance, creativity and higher productivity.

Words are only a very small part of communication.  While you are saying the words, your body may well be saying something else.  Or even if you don’t say anything, your body language will still have said it for you!  So here are the top ten tips to help you get your message across in the way you intend:

Spring is in the air, and many people start to think about spring cleaning their homes at this time of year. But what about our lives? We can bring positive energy into our lives by eradicating negative areas and old habits.

Much like your home, your mind gets cluttered and needs care. It can get overloaded with old attitudes, old emotions and old memories, and it needs a good clean out of the stuff that you have collected and are holding on to out of habit or neglect. If you let these things go and free up some room for a positive mindset and new, exciting challenges, you can gain a flexible, simple and happier lifestyle.

We have previously reported on how the changes to legal aid and civil costs were likely to mean more people would have to act on their own behalf as litigants in person (“Going it Alone,” October 2011). The full extent of the reforms remains uncertain as the Government’s Legal Aid Sentencing and Punishment of Offenders Bill remains stalled in the House of Lords. Despite the uncertainty, organisations are continuing to ready themselves for substantial change. This month we will look at the recommendations of the Civil Justice Council made in November 2011 and consider the work of one of the partnering organisations – The Personal Support Unit (PSU) – which is likely to play an increasingly important role in the legal proceedings of the future.

Paying attention is the window to all of our experiences every day of our lives. Where and how we place our focus of attention (or where and how we allow other things to grab our attention) determine the quality of our lives, and our relationships with ourselves, others and what the world has to offer. What we know of ourselves, how we feel physically and emotionally, and our ability to make informed choices are all influenced by both how we focus attention and the quality of that attention.

Are you excellent at what you do? Have you reached 'the top of your tree'? Are you seeking a greater challenge although you don't want a new job? Or are you looking at how to make more of the role you have? If so, it can sometimes feel as though you don't know where to start! So here are the top ten tips to help you seek out challenges and add value to your role.

If you ever find yourself getting tense or stressed out at work, there is an exercise which can help you. It was developed by American physiologist and physician Edmund Jacobson in the late 1930s, and it works on the basis of gradually tensing and then releasing tension in individual muscle groups in sequence. Muscles are always more relaxed after being tensed and released. This practice automatically brings physical relaxation which, in turn, calms the mind and our emotions. It works particularly well in reducing anxiety and insomnia but also in improving concentration and increasing self-esteem and a sense of control over moods. The whole practice lasts for 15 or 20 minutes, and the more regularly you practise this, the more you will get from it.

In December I gave you tips on how to prepare to take minutes at a meeting. This month we will focus on how to take the notes at a meeting, whether it is a formal meeting with an agenda or an informal team meeting. So, after you have prepared, here are the top ten tips to help you take notes at meetings:

Thank you to all of the Student and Affiliate Members who attended the presentations for Berwin Leighton Paisner's Trainee Legal Secretary Scheme. This is an exciting opportunity to work for an award-winning international law firm. You can find out more information about the scheme and download the application form by visiting www.blplaw.com/TLS.

This month we had hoped to advise you about the current state of reforms to the civil litigation system. We are not able to do this, however, as the Legal Aid Sentencing and Punishment of Offenders Bill (LASPO) is having a rough ride through the House of Lords. For those of you who have studied on the Diploma course and developed an interest in how the Lords influences (and arguably, improves) our laws, this is a good bill to follow. You can find the latest details on the Parliament website, www.parliament.uk, under Bills & legislation.

I have written before about various options for keeping your data backed up for the dreaded moment when disaster strikes or your computer fails beyond repair. Realising that you have lost your important documents, or having the tech team at the local computer store say that you should have backed up your data before bringing your computer in for repair, is not a good feeling.

When you think of writing a will, it is unlikely that what comes to mind are issues about cutting-edge technology, but that is exactly what some practitioners are now thinking about. Wills and probate, like any area of the law, must try to keep moving with the times. Changes in how society uses technology mean that lawyers need to be aware of new issues that affect how wills are prepared and what matters they should cover.

The way in which we express ourselves can make a vast difference in how others respond to us. Communication styles have a large role to play here. So, if we use certain types of communication which are expressive of our needs and yet respectful of the needs of others, then we can maximise the chances of others responding well to our requests.

An excellent opportunity has arisen for ILSPA Students. Please read further if you are interested in joining a trainee Legal Secretary scheme run by the law firm Berwin Leighton Paisner (BLP), which is based in London.

The Institute is delighted to inform you that our new website will be launched on Wednesday 6 June. We have worked on it with much love and care to provide our Members and the public with an attractive and welcoming place to find the information they need to progress in their careers. ILSPA is dedicated to helping you with your career every step of the way, and we will be providing more benefits for Members.

One of the many benefits of Membership is having access to the exclusive Membership area on our website. This has been redesigned and encompasses a wealth of useful information and resources for Members:

If you haven’t already heard, 12 September 2012 is National PA Day. This will be the 2nd annual celebration of Britain’s PAs – the people who make Britain’s offices work – so why not be part of it by spending the day with your fellow PAs at Office?

This annual day will celebrate Britain’s PAs – the unsung heroes of Britain’s offices – and aims to highlight the increasing importance of the estimated 600,000 highly skilled PAs working in offices across the UK and to promote the profession to well-educated young people seeking an exciting and stimulating career.

Every year scores of awards are up for grabs for Lawyers and HR teams but never for Legal PAs or Secretaries. This has now changed! One of the UK’s leading legal Secretarial and PA agencies, Strictly Legal, has launched the inaugural Legal PA of the Year Awards. The process offers a unique opportunity to recognise the vital role that Legal PAs and Managers play in the industry. 

On Wednesday 14 November, ILSPA co-sponsored and attended the Legal PA of the Year Awards 2012, which was hosted by Strictly Legal – a globally operating recruitment agency based in London. The awards ceremony took place at McQueen in Shoreditch, which won an award itself for being London’s best bar in 2010. Representatives from more than 30 law firms attended the event, and there was a wonderful array of legal professionals eagerly anticipating who, from hundreds of entries across the UK, had won the awards.

The awards comprised of four categories – Legal PA of the Year, Up and Coming Legal PA of the Year, Secretarial/PA Manager of the Year and Document Production Operator of the Year. The atmosphere as the finalists and winners were announced by Paul Kelly, Director at Strictly Legal, was exciting and fun.  

In front of an enthusiastic crowd of more than 200 attending the first national awards ceremony dedicated to legal services support staff, Angela Dyos from Clifford Chance was named 2012 Legal PA of the Year.

Angela, still a little dazed after receiving her award, said; I can't believe I have won. I have never done anything like this before. It has taken me out my comfort zone, as I have been with the same company for 18 years. It has been so rewarding.

The awards ceremony, organised by recruitment specialists Strictly Legal, took place at McQueen in London on Wednesday 14 November. Representatives from more than 30 law firms were eager to discover who, from the hundreds of entries received from across the UK, had won awards in the four categories.