Hello and welcome to everybody who's joined today. Session on the SA way authorizations. What we're going to cover today is practising certificate and phone manuals, which is coming up so that the renewal is going to start from the first of October with the SA way fruited 31st of October. We're gonna look at the new concept off Freelance A listers on what that means. We're going to look out practice since difficult conditions and when the SA way could impose a condition on your practicing certificate on what that might mean. We're also going to look again very topical, because it's the end of the year at firm closures, so people sometimes can't get insurance and they have to close there for or for whatever reason, they're not renewing their practising certificate. Perhaps something else has happened in the year, and it comes to the s always attention, so usually get a raft of firm closures at this time of year as well, and I'll be talking to you about if you are in that situation where there is some difficulty within your firm, how you can do that in an orderly way. So it's always a topical issue at this time of year. We're also going to think about the next year that's coming for the latest position on our Eos in terms of Brexit So that's registered European lawyers. So if you're registered European lawyer, what have you got to do? Or what of the S away said You've got to do on How might that impact you? And how does that relate to the renewal? Okay, so the important thing to say when we're talking about all of these topics is that this is an introductory course. Let's move on to the content of today session then. But I'm going to start by talking to you about price since certificate on and the renewal that, yes, always going through at the moment. So we're still using the current ham book, and that's the one that the s always going to use for this renewal. Then next year, we're going to be used in the new standards and regulations. You are required to renew your practicing certificate, and the renewal window opens from the first of October to the 31st of October. You were quite of a new your practicing certificate application. If you are currently practicing every year. People don't necessarily notify. Don't respond to the practice since difficult renewal because they've retired or they've gone off and done something else. Those kinds of things he s away in those circumstances, allows you or if, for example, your own Well, I knew haven't had the opportunity to renew your practicing certificate. You hold over your practice in stiff ca, okay? And that can also be ball. The s always making a regulator decision about you or in certain of the circumstances, where there's been some other delay Your hold over your practicing certificate until the SRE gets the stage on. It usually happens in January, February kind of time where they start issuing revocation notices, they'll start white into saying, Why haven't you? We need your practices difficult. We're going toe revoke the one that you're holding over the moment. Okay, so you renew your practicing certificate and that should be done on is important to be done in October every year. Otherwise, you hold over until the s away, pulls it back away from you on that if you haven't was renewed. Your pride since difficult would result in your practicing certificated on that could be regulate tree consequences for you as an individual. And if your sole practitioner or other you could be subject to an intervention, so it's very important to renew your practicing certificate on. We'll think about that when you're talking about freelance solicitous. It's also very important. You're going to have to renew your practicing certificate on an annual basis in order for it not to be revoked and view not to effectively end of practicing and certificated. You can do a book application where your firm has to make the annual information return to ah, but your firm has to make the annual information return on. This is required by the S our way into the regulations. But you can't make ah yourself available for the renewal. You can't renew your practice since difficult as part of the book application. If you're subject to regulation three of the practicing regulations, you have to make a six for application on. There are certain circumstances, and we'll talk about that in a minute. These air circumstances like, for example, if you're subject er on i v a or if you've been before the solicitors disciplinary tribunal had regulated sanctions imposed upon you those kind of circumstances people have to make a separate application on. That's usually when the SRE considers imposing conditions on a front. Since difficult, you have to complete the annual declaration as part of the renewal. And what it says is, Have you reflected on your learning and development needs and addressed any of those needs? And that's what Shaun was talking about the beginning of this Webinar where who was saying there's lots of data law courses available come for you to think about different ways To address those practicing renewal applications, You have to keep your details up to date. And in fact, yes Away is already asking for certain information and for people to go on on, log on and put their details of today. If your details are not coming up today in your solicitor manager, that could be a delay in the book when you're but it's nothing to worry about is just something that there were there. Maybe it's like today, so we're going to talk about the information that the essay requires on the book renewal as well. For those of you who watched the risk webinar that we did. What you'll know is that the S away assesses risk as impact multiplied by probability on. Then they make an assessment as to where a firm sits on. They make that assessment based on the information that they gather about a firm. And that could be from complaints that I made about you during the year from intelligence that's gathered from different sources from media scanning from all of those different things. But they also used the information. Um, I'll just refer you over to Tom Katie. I've got a problem with the downloads so they can also ah, gather information from the annual Newell to put into their risk assessment that relates to client money complaints. Indemnity insurance associations. On these are the questions that are asked on the annual new. Now in your notes, which are supplied in the downloads is a link there to the actual questions that the S away is I'm putting into force this year. And these the questions they asked every year there haven't changed that much for those people. Thomas now made the notes available. If you're concerned about it. So what they're doing is they're gathering information about you so they, for example, asking you to tell them how much client money you've held, how many complaints you've had? Whether they're you know, complaints have gone to a legal ombudsman or not, whether you've had any negligence claims. What your indemnity insurance position is, what your turnover is, Andi Um, the involvement on influence of third parties related to that. So I'm eso if you've got anybody, for example, was exercising and influence on the firm or if you have a large amount of referrals in from one particular source, Yes, away gathers all of this information and puts it into an equation which is published on the website, which says that the, uh they will look at the impact that the firm is having intact. For example, you turn over. So how big your firm is multiplied by the probability. So, for example, factors like complaints, the more complaints you have, it may be more likely that there may be some difficulty within the firm. So what they're doing is generating a picture off the firm from the annual renewal. On this, the largest information gathering exercises state the SA way puts you through on they also, we knew the practice since Difficult. At the same time, this allows us a way to gather that information. So just be a where of what you put in on the annual renewal. Any major changes on you can compare yourself to those people around you as well and see how you fare. If you're subject to regulation three of the practicing regulations, you can't go through the book renewal. You have to make a separate application to the S away on. And the this is just not a full list on the slide off the circumstances in which you could be subject to regulation three. But our fullest is provided in the appendices to the notes on what I suggest you do is ask the staff whether or not they're subject to regulation three because not everybody discloses this. But also, you can't number new. They're practising certificate through the book win. Also, any new joiners um, anybody in the firm ask them every year. Are you subject to these two this list and this is what's enforce at the moment. So, for example, if you've been disciplined, you've been to the tribunal, for example, if your fact since difficult has been suspended. Oh, in circumstances where you had an allegation raised against you. But you are have not responded to the s away. They could make you subject to regulation three of the practicing regulations. They can also be wanting to have a further discussion with you about potential conditions on your practice. It's difficult if you are coming back to practice after a long period of time away. So Africa is being restored to the role for some reason or another. For example, being out of practice for 20 years and maybe you've gone off to do something else and they might consider putting conditions on at that point in time if you ah, her bankrupt or subject to an I v A. This has the effect in some situations of suspending new practices difficult. And there were also situations in which your presence difficult, convenient, suspended. If you've committed certain criminal offenses as well, you have to then automatically go back to the S our way to lift the suspension on their consider weed Putting conditions on the practice is difficult at the time. Tom, can I ask you to put this sticky message onto the, um onto the chat function for me. Please. Andi, can you do the book for solicitors? Onda? Oh, that's a separate question, James. I'll come back to you about that with some information from Silex so you can blow documents. If you're subject to regulation three, you're making your ah, you're making your application into the sa wave, your practice and Steph Curry and you say Well, for example, I don't want to have conditions attached to my practice since it. But you can put in your reasoning there that you say you might have a practicing certificate free from conditions because of the following reason. So you might want to make representations on you can be represented in doing that. But the best case possible Forward, yes, away can also impose conditions on a firmas well, but it's a lot less likely. Okay, I'm so hang on a second. What we're going to do now It's just look on, think about some of the situations and circumstances in which the s away might impose conditions. Now, generally speaking, this is really brought on Day four situation and circumstances is set out in the practice of regulations on din. The authorisation rules for firms, and we'll talk more about the new arrangements into the stars in a minute. But what the SA has to consider is the public interest, whether they need to be any regulatory outcomes or whether they need to think about this from a regulate true purpose in order to meet, for example, their regulator objectives on. They also might be trying to be supportive to the applicant as well. So if the applicant is being restored to the role after a long period of time away, they might have conditions on their practice in sticker in order to support them back into practice. And it is intended to be in a way, prevention rather than cure. So what are some common conditions that the S awaken put on your practicing certificate? So if you're not going through the book renewal or you might be in some circumstances but the SA I can impose conditions they can put. Can the registered foreign lawyers being included in the book renewal? Yes, they can. They attend, of course, not handle client many's. That's quite common not to be a sole practitioner, not to be a partner on, and there they can also put in place conditions related to regular accountant's reports. And Sarah Thomas made the notes available. Um, there's a note describing where they are. You can also be subject to the condition that you tell your employer about the condition because some people don't always disclose that to their employer. Unbelievably, on DSO, you might get condition imposed on your practicing certificate, plus a requirement to tell the employer about it, and that becomes in the final out. But people have this adjudicated on by the S a way you can make representations. You can be represented by solicitor or barrister Andi. You can appeal any decision that the SA way makes as well. So let's have a think about what it says under the stars, and what I'm going to do for these purposes is just have a discussion with you about, um, you know, the circumstances in which there's a way will impose conditions. So regulation it's under regulation seven off the authorization of individual regulations. It's not the same requirements as under Regulation three. So that long list that you've got those disappearing. But the SA way is likely to have some institutional memory if you like in respect of that. So there is that long list, and that's been there. It was introduced in its based on a long list. It was in the Solicitors Act from 1974. So there's a long list in there on, But it's got is lots of different circumstances in which there's a way which traditionally consider there will be a risk to clients. Andi is yes away also can impose conditions still on firm authorization on that's mirrored in Regulation three in authorization off the firm rules now haven't reproduced those in four for you here on the slides. But if you have a look at the sticky note that's there in the chat function, the first few lines there describe what the conditions on the circumstances in which the conditions but there so you can have a look at this in your own time. But what I've done nowadays put put a summary there for years on the sticky note, so they yes away has to consider that it's in the public interest. The s away has to think about whether a practitioner is suitable to undertake certain roles or functions. He s away has to consider whether they will. The practitioner will put at West clients or third parties on whether the practitioners shown unwillingness to comply with the S always rules and what they're going to do about that. They can also specify that the practitioner should take certain steps on again that could be more supportive in that on the and when imposing the condition, they can either specify the practitioner, take certain steps, all restrict roles within the firm. So we've seen that, for example, some of the common conditions come Bay things like, um, I'm not being a partner, not being a manager, not being an owner in relation to the firm. So these things can all be imposed. There's a way has to impose a condition widely in the public. Interest on that seems to be a bit of a change into the stunts and regulations, rather than what it was previously that the condition had to be imposed in the public interest so they can thinking about the wider public interest in the way that they've described it in the new standards and regulation. Now, this is moving on then to thinking about, um ah, the freelance solicitors So solicitors working in traditional regulated, Um uh, law firms. Ah, um, still able to continue practicing simply a non Exactly where he was possibly less culpable than if he had an executive all on how much money had lost in their investment. We have to think about and again bringing that back. You are quite like to think about the position relating to client money. So then you can make representations into the S away, and they will consider the conditions to impose. So let's move on then, to thinking about free lunch solicitors. So there are different options for practice that the s away have now set out on what the s away are saying is that those working in, um, traditional, regulated law firms providing in a range of services that can continue as normal. So we are talking about freelance solicitors. There are options there relating to working in and regulated firms. But there's no compulsion on anybody to change anything that there necessarily doing at the moment if they don't want to. What you might want to think about is district t j direction off the position as a whole. So I'm then you've got in house solicitors as well. Andi again, there's no compulsion on anybody to change the way in which you're offering services. So those traditional forms of practice can continue as normal. But what? You can also have ear solicitors. Now, from the 25th of November, it's a list is working in an unregulated organization on you can have freelance A listers offering I reserved activities compliant with the restrictions in We'll look at this in a minute under 10.2 B of the authorization of individuals. Rules, Yes. Away Freelance A lister No offering reserved activities is also an option available. So the s away have been using the term. And I don't know whether you've seen this s are regulated independent, ah, professional and semi regulated independent solicitor. They've now changed that. And the law society seemed to be on board with that language as well. And they're now using the term freelance solicitor. So the options are continued to work in a normal everyday practice in arrangements that were used to in traditional regulated, your firm's or in house. But then there's also now the option. I'm four solicitous twerking in a regulated organization provided they're not offering reserved services to be a free lunch solicitor. And you can Aiso be a freelance Celester offering reserved services or freelance a list offering own reserved services. But if you're offering reserved services, you have to comply with certain restrictions. There are situations and circumstances, but I'm the client on insurance arrangement to change. So if you're dealing with a traditional firm, or if you're dealing with in house, the situation doesn't change. So in that situation you're continued going to offer instrument to the minimum terms and conditions. The minimum standard of insurance remains the same, but also the compensation fund remains the same. But if you're Selous toe working in a noon, um, regulated firms So, for example, if you're providing non reserve services in an unregulated firm, So, for example, solicitor providing ah will writing services in a supermarket as an employee but providing those services to members of the public. Their consumer perceptions there are not the same, so they don't have access to the compensation from, but there's also no insurance or comet. So if you're an employee, insurance is up to the individual employer, and that's the S always justification for this is that it is more likely that you would be on a level playing field with other businesses around you if that was the same situation. So if you're not, just listen. You don't have to do this. People can come out of practice on, operate in different ways. So what they're trying to do is level that up now reserved and un reserved services. Agnes there is a note they defined in section 12 of the legal services actually can have a look at that if you'd like to. Freelance solicitors can operate either with reserved services or non reserve services, but it does change, and there are caveats as to what you can do and what you can't do. So if you're freelance and you're doing non reserved work, people do have access to the compensation fund, but there's no minimum standard of insurance. You have to think about that yourself. I know it's obviously going to be a good idea for people to think about having that indemnity insurance. If you're freelance and you're reserved, there are situations that relate their to dealing with a compensation friend on the insurance is Ah, you're dealing with the situation where you are having a compensation fund. But the insurance level has to be appropriate. So on, Yes, but surely our consumer in unregulated phone will want to have some form of indemnity insurance. Now, what the s are air saying is this is quite right, and you have to discuss the position with the consumer at the time and make them aware of the position. So it does change. So sometimes people are not gonna have access to the compensation from on the indemnity insurance position is gonna be I'm different on again. If you're freelance delivery, non reserved work. Three insurance requirements are different yet, And if you're freelance, a living reserved work. What the walls say under 10.2 is the insurance should be appropriate. Now, what I've put there is contractual arrangements. You do have a think about when you're thinking about this. I'm will say under 10 point to be there, talking about when you're dealing with freelance, genuine self employment so you can structure the firm in lots of different ways. And you could almost think about people operating businesses in any way that they can think about what touched on this a little bit more in a minute. But do you make sure that you're thinking about who you're doing business with, on whether your client facing or not, who's got to put the insurance in place and for who? It's the benefits or and so this is the relevant regulation from the authorization regulations that we've been referring to. So this is a 10.2, and then we've got where the bullet points are on the side there. So just on we've got 10.2 AM bay. Okay, so we got a here. I'm be there. Okay on. So what it says is, if you otherwise would be, you would not be regarded as acting as a sole practitioner, and you will not therefore need to be authorised as a recognised sole practice. If your practice consists entirely of carrying on activities which are not reserved legal activities or be any reserve legal activities you carry on a provided through a North Wales body or north wise um uh non sa a firm or wall in circumstances which you on, then there's a long list of requirements. So what the S O. A. Is saying is in the negative if you otherwise would be, you will not be regarded as acting as a sole practitioner. So all those circumstances that you can think over and you can practice in different way. So you might think, Oh, well, you know, I don't need to be a sole practitioner in order to go and work. There are we need to set up a contractual arrangement where actually I would have my own company or practice separately. You know, that person at the front of as there needs to be, you know, during the glasses that I keep talking about doing the next the glasses during the world writing I'm needs to be, you know, a potentially, um, you know, a concession. Or maybe they need toe, have their own identity that's marketed separately. And that needs to be renting space, maybe from ASDA. Well, this is different than what they're saying is, if you otherwise would be, you will not be regarded as acting as a sole practitioner, so it gives people that freedom toe operate in any way that they want to. There's a real freedom in the way that they're setting that out. What it says is, you can either do in circumstances where your practice can. Is this entirely of carrying on reserve activities which are not reserved legal activities. And, as we've said, that's defined in section 12 of the Legal Services Act, so that includes things like Conveyancing includes the grant of probate, but not well. Writing includes certain other activities. Okay, taken, go away and have a look at that or and be it gives you a list of circumstances in which you can do it where you're not operating a sole practice, and that includes where you operating in its away firm and or in other circumstances. So, for example, on where you have practice as a solicitor or in Arial for a minimum of three years since admission, are self employed on practice in your own name on. So this is genuine, self important there. So I have been a pains to recognize this on it is not through a trading name or service company. You don't employ anybody else in connection with their services that you provide on. You are engaged directly by the client with your fees directly payable to you. You also have to, and I'll take this white board off now have a practising address in the UK, and you have to take out and maintain indemnity insurance that provides adequate and appropriate cover. So this is where they're saying adequate and appropriate cover. You don't hold client money saved that you may hold money, which falls into the category of client money. And this is where the changes their relating to the definitions of client money that they've got in their councils, which we don't have time to cover in today's webinar. Unfortunate, but the circumstances are set out there on. Then it goes on to say, and you choose for your practice, not be authorised as a recognized all practice. So to recap, you can operate as a free lunch to the so can go and work in an unregulated organization, for example, providing, um, as an employee of as a solicitor, providing, um, non reserved work to members of the public. If you're not doing reserved, you know you provide you not doomers overwork, and that complies with that first bullet point. There. The second bullet points sets out the circumstances and situations in which is a freelancer, and you must be as a freelance so there. You providing that status, you have to Ah, you know, genuinely have that self employment, genuine self employment. And it sets out those circumstances and situations in which you can provide those reserve legal services on. So just briefly touching on the point relating to client money, what the restrictions relating there would just be aware of the changes in definitions declined money. So certain things no longer relate to client money. So if you're thinking about whether you can go freelance in certain situations, that might be more flexible than you think. If you want to provide reserved legal services. Okay, so there are much more, uh, flexibility within the councils, including using third party managed accounts as well. Have I think about also where they will not you need to hold client money. So there are some people who don't have worked out different ways in which they don't have to have a client account. There are lots of different circumstance than their councils on much freer than they used to bay. So then, um, the structural possibilities, in effect are almost endless. You can see people thinking about integrating their businesses with other businesses that you couldn't see. For example, other professionals might hire solicitor to come in on provide services to the Marquis of using the example of somebody announced that providing will writing services. But it's almost anything you can think off on in the last webinar that we did. When we talked about supply change in cybercrime, we talked about horizontal integration and vertical integration. So those people who do the same job is you and your supply chains or the law firms or those people are vertical integration who dual different jobs around you. Okay, you might integrate with them in different ways. How can we provide our services in a different way that is more competitive on what can we do to take advantage of this on? Firms will be thinking about this strategically in order to take advantage of the position you have to think about, though the important distinction between reserved and, um reserved work on when you're thinking about whether you can do this in a particular way. The s away has provided the example of chambers for those people who are thinking about whether they can work with other people when being a freelance of the sun also providing reserved work. There is a difficulty relating to that, but we also have to make sure that when you're dealing with it is genuine self employment. People have also thought about what they can hive off certain parts of their firm into different places, on how they can integrate with those around them or for brand new services as well. Almost anything is possible if you set the business up in the right way and we talk about genuine self employment. Maybe people just need a bit of a push sometimes to think about offering the services in a different way. That is beyond the usual motive employment. But there will be people out there who are mentally ready to take the lead that might take them into the unknown in terms off, setting up practices in different ways. But they can be quite a lot of comfort that sits behind offering services. Still, with the blanket security of that employment behind them as well the structural possibilities you could almost think about setting businesses up in any way that you want to. There are definitely caveats, though, on there can be some difficulty in doing it, so reserved work. If you're offering reserved work when you're not entitled to do so, you don't have the correct authorizations and do bear in mind you have to notify the s a way of your intention to take up any of thes new forms in practice is a criminal offense. So if you were at the front of us, they're providing world writing services and somebody comes in on dure. No authorized to condemn, preserve work, but they want you to do the grant of probate and you go ahead and start doing that. That then becomes a criminal offence on. There can be that difficulty when the employer is there and whether they're getting into that difficulty with providing a criminal events as well. So be absolutely certain about water is that you're doing and take any legal advice that you need to before starting on. If you're working with a larger organization or separate organization or organizations to provide new services, do you think about that very carefully and they might want their own legal advice as well. You have to notify the S o A. If you Ah a um if you are thinking about becoming a freelancer Onda. Also don't forget just because you're taking away part of that regulation related to the firm. That doesn't mean that you don't have to comply with your regulator. Responsibilities on a lot of them are the same. A lot of them are mirrored across from the firm to the individual code. Do you also have a think about whether any regulated body you might be working where there anything else or whether your practice as a whole? Whether there's other things that might need to be considered, such as FCC regulation? Hate to Marcie regulation on where the body itself will need to be regulated under the money laundering regulations do you might find greater safety and security in a self regulation, after all, and that it might be easier to B s are regulated. So consider carefully the proposed structure of the firm that the practicality of into taking some activities might also be difficult. So if you are having to rely on third party managed accounts or not hard handling client money, how is that going to work with the activities that you propose to do? You also have to notify clients of the proposed level of insurance and of the compensation fund as well. Aunt, think about the liabilities that might be there in respective different activities on Do you have to comply with separate business rule on Think about Who's referring services over to you on. Also, if you are thinking about going freelance, the law society of got some excellent advice on considering the potential personal liability that sits around this as well. Just a quick note on this Teoh just illustrate some important issue that sits around this off the personal on professional distinction between a solicitor on their practice. So there is a distinction between the solicitor on then they're separate. Practice on this occurs, and we can see this in regulation when they're so intervenes into the practice of a solicitor. So if you become a free lunch solicitor, for example, or you're gon is an employee to work in an unregulated organization, but carrying the title solicitor, you might arguably still have a practice on there so way might still be up to intervene into that practice separately. So if you left, I left the papers behind the S away, and there was some issue related to those Yes, away might be up to intervene in respect of those covering papers on potentially depending on the circumstances of used ah, regulated firm a Zaha circumstances there. But depending on circumstances, you might also have trying money. So just make sure that you understand the circumstances in which any unregulated businesses could have access to confidential information could have access to information on could influence this situation related to your professional practice on the liabilities that attached to them on the S a way of published guidance notes that sit around that on that city with and understand the ways in which you, as a solicitor on your professional practice are distinct on the implications that Harz on from a regulatory perspective for the unregulated firm are. Could there be situations in which unregulated firm, for example, couldn't touch the papers of a solicitor after they had left the building? The premises, they couldn't do anything with them, and then they ended up being left there. What kind of liabilities and responsibilities might they have? Uh, so oh, I see what I fire for Tractors. The executives attorney to apply for the grant. Right. Okay, this is getting into the distinction between reserved in a reserve Paul and I'm trying to keep it simple to try to illustrate the difficulties of different problems, that you'd have to take advice as to whether or not that fell into a particular category or not. So have I think about this on just a few problems on the board there for you to have a think about just for five minutes. So let's think about this. Ben would like to start his own practice doing reserved work, conducting conveyancing, Um, but he doesn't wish to be regulated as a sole practitioner. Can he do it on what kinds of things can you consider? And I'm not asking you for definitive and so on whether somebody can do that or not do it. And then this is the point that somebody made earlier in the chat. What is the difference between this under previous or practitioner status? In reality and what I've done there is on the sticky note that's in the chat function. I've put the ah ah broad list of the circumstances, so you know that we like to 10.2 bay so you can have a look at those adequate p. I has to be in place restrictions on 100 client money. You have to have a practising address in the UK three years peak. You you have to be genuinely self employed. You can't employ another person and you have to be engaged by the client. Ben decides not to set up conduct reserved work. After all, he agrees to go. What? The supermarket setting up solicitor lead concession writing worlds on. He thinks somebody might go in on a monthly basis. They provide all the facilities. Can t do it. What can you consider? What can the supermarket consider on? Then what if the situation was different and his approached by a group of funeral planners looking to contract with somebody for world writing services? So they want to contract with Ben directly on Ben. Ben will go from provide the service to the client. Can he do it on? What can he consider in respect of that? So have a think about those and any comments that you've got there. So there is a distinction. You've got that thing that slide that we saw there. The distinction between the practice is the sole practitioner. They have a practice, but it's not registered in the same way. There's also the difference in the insurance. So a sole practitioner operating a recognize sole practice has to comply with the minimum terms and conditions of insurance. Whereas Thesis old practitioner who is offering reserve legal activities has to have adequate insurance. Okay, Ben Sides not to conduct reserve work. After all, he agrees to go and work with the supermarket setting a purse, a lister lead concession. Writing Wells? Yes, to the well writing, as long as he complies with the free lunch requirements. Front taking reserve own reserved work. So, yes, provide it. He's in compliance with them. 10 point two. I, um So Ah, they, um ah, the world writing is possible. I have said you can do that in several different ways so he could go in and set up a concession in respect of that. So it could be something where he does it as a sole practitioner, um on. And he might want to go and do that as his own practice. He could be an employee in some circumstances. And that seems less like you with a funeral planner. Ben needs to think about his independence needs to think about who is contracting with Andi needs to think about how he's providing those services on the information that he is providing to the client, making sure that he is appropriately covered on that. The client understands the indemnity insurance arrangements they has in place and any introductions and referrals. But he also needs to consider, as with the supermarket, any potential liabilities for anything that went wrong on what circumstances on those kind of things might have eyes. Let's move on, then, to thinking Bo briefly about firm closures just before we come to the end of the webinar. So firm closure can operate in lots of different circumstances, but very common this time of year, where people can't get insurance, cover the ah, and in some circumstances it causes theme intervention into some solicitors firms. You can close your firm by winding up unceasing on by thinking about transferring it to another person. We also in this difficult situation where people could lose their eligibility and particularly this might apply next year when we're looking at registered European lawyers on the S a way of saying they're going to move and they have to be come solicitors. And if they don't, there can be a new issue. Just be aware of the implications off revocation of your practice since difficult. And if you're thinking about becoming a freelance a list in the future, also, be aware that the s away if you don't renew your practicing certificate could really boring your practice since difficult leaving you practicing unstick, ated or without the ability to access those practice papers that we put separately. Okay, so they, when we're talking about an orderly closure, were mostly talking about firms that are wild boar sees on their the documents and papers transfer to another. However, think about. And if you're in the situation or plan for the future, it's very, very common at this time of year. Make sure papers are stored appropriately with provisioned for destruction or otherwise. All monies have to be returned to the clients are accounted for appropriately on appropriate applications have to be made to the s away. Make sure that you inform the sa way of the decision on inform three clients on the s a way of where that papers are going to be and where they can go for any enquiries. Make sure that you have run off cover in place, Andi consider transferred to under the firm and and put those arrangements in place. Make sure that you understand any contracts that you have in place and that those are dealt with. Okay? Every year, the ESA way goes after people because they're not sure what's happened to the firm. They just disappeared. They're not answering telephones calls anymore. And they're not that their premises anymore. Sometimes even the landlord, for example, doesn't know where they've gone. Okay, so it is very, very common at this time of year. Make sure that you think about dealing with, um if you think about going freelance or being in a registered firm. Ah, working with them regulated firm. Instead, consider the implications of your potential exit from the firm, including confidentiality and also insurance as well. Just a quick word on Brexit. Um, Andi, that's just before we finish. Just to say that, um, the sa way have published information relating to the Brexit position relating to registered European lawyers. It's vitally important this year that registered European lawyers. We knew there practicing stuff. Okay, What they've said is for those registered European lawyers that Ah, you have to have a practice. It's difficult in order to be able to practice for the next year. Okay, so what they're doing this October is giving you the power to practice for another year. Okay, if you're registered European lawyer and we go through the Brexit process and you haven't up a renewed your practice since difficult, you're going to potentially lose that white. So you must renew your practice since difficult this year. If you're registered European lawyer in order to retain that status, what's going to happen next year is yes, a way of saying that in December 2020 registered European lawyers have to become solicitors. There's different qualification routes through that talk to the SA way. If you're concerned about it on, then if that people haven't qualified, they could potentially become registered foreign lawyers instead. On registered foreign lawyers have less practicing Whitestone by just did you peon lawyers Okay, so it looks like and my educated best guess is that they're going to link this in next year to next year's renewal process because the timing looks about right in terms of going to December 2020 on, then they'll be the renewal on. Then they'll consider revocation there after so you might be looking at the situation next year where people are being asked to apply and consider whether to a being applied as a solicitor. So that's my educated guess, Although we haven't got any guidance from this s our way. In respect of that, the important thing to remember this year is to talk to the Orioles. They must must must renew their practices difficult if they want to retain their practice in status. And I think there's about 700 Oreos in the country. Make sure that you got appropriate arrangements in place and prepare now for next year and how you're going to deal with that situation. What have we covered in today's webinar? So this brings us to the end. We've looked upright since difficult and firmer. Newell's Freelance A listers. We've thought about conditions on practising certificates when they might occur on how you might impose them on what the s away, Mike Consider, we thought about firm closures and the importance of orderly closure on. We've also thought about Brexit and the latest position on our heels and our files and I cannot emphasize in Nerf it is very, very important for people to renew their practices. Took it this year. If they're in our Rio, I now have a think about, um the, uh, quiz that we've got attached to this session. If you want to go away and evidence you're learning for today's session, What I've done in respect of the exercises is I've produced some answers. So that brings us to the end of the webinar. Thank you very much for watching.
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