Reading time: three minutes

After graduation, many of us are transitioning into a new chapter of our lives. Thus, it is natural to feel a mix of emotions, albeit excitement, anxiety, and uncertainty. The legal profession is inherently competitive, and to ascertain the path you intend to pursue can be challenging and daunting. With a systematic approach, and time, you can ascertain the opportunity that’ll prove to be a stepping stone for your career aspirations.

It is important to keep in mind that the legal market, like other markets, are competitive. According to statistics published by the SRA, there is approximately 156,976 solicitors that currently hold practicing certificates.

Click here for the statistics: https://www.lawsociety.org.uk/career-advice/becoming-a-solicitor/entry-trends

Determine your career goals

The job market is heavily saturated with law graduates; therefore, it is imperative to plan, strategise and persevere through the hurdles and setbacks. Prior to diving into the job market, reflect on the career you want to achieve. Consider the type of law you want to practice, or a specific area or sector that may be more niche. Perhaps, you intend to pursue a career in-house as opposed to private practice at a traditional law firm. Clarifying your goals and career aspirations will help you narrow down the job search and equip you with knowledge that’ll prove helpful in making informed decisions.

Expand your professional network

Networking is crucial in the legal profession for several reasons. It may be daunting, but utilising LinkedIn will allow you to connect with professionals across the industry that may provide you with insights. It is important that you connect with your alumni from law school, or university. By building these connections, and expanding your profile, it may lead you to new people, opportunities, even mentorship. When using LinkedIn, don’t be afraid to reach out to new people in your desired field.

Utilise the services available to you

After graduating, many universities enable you access to their career services, or employability portal. By utilising the services available to you, you can make appointments to have your CV, cover letter, vacation scheme, training contract and pupillage applications reviewed. The employability portal can be of great use, there are many job postings and events you can view and attend.

Consider recruitment agencies

Recruitment agencies can be a valuable resource for recent graduates. These agencies have established relationships with law firms and organisations, providing exclusive access to job opportunities, postings, and more that may not be advertised so publicly. Moreover, recruiters can offer great guidance on building your CV, improving it, interview preparations and more.

Some popular recruitment agencies include:

• https://www.ryderreid.com/

• https://www.fortelegal.co.uk/

• https://www.ejlegal.co.uk/?source=google.com

• https://www.careerlegal.co.uk/

• https://evolution-law.com/

Tailor your application material

When researching firms and organisations, it is important that you align your application materials to the desired role. By tailoring your application material creatively, you can highlight your relevant experiences and transferrable skills to the job.

Stay proactive and be adaptable

During this interim period, it is normal to face setbacks and rejections. It is important to remain proactive on LinkedIn, research on various firms and organisations, and expanding your skill set and experiences. The legal profession is constantly evolving, especially due to the usage of AI, streamlining operations and increasing efficiency in the workforce. Therefore, applicants should remain open to learning new skills, overcoming challenges, and adjusting to these circumstances.

Stay organised and celebrate your progress

It is pertinent to stay on top of the job applications you’ve completed. It can be helpful to keep track of these applications by creating a spreadsheet to ensure that you are wary of the relevant deadlines, additional tests, and the overall outcome of your applications. This may be helpful when you receive a phone call or an email from a recruiter or a potential employer regarding your application.

It is normal to receive rejection during your job search. It is not going to be easy but try to remain motivated to surpass this hurdle. Celebrate your small wins, e.g. when you pass the initial screening stage by a recruiter or land an interview with a hiring manager. It can be a good reminder that these are all indicators that you are one step closer to landing a job.

Finally

Navigating life after graduating is not going to be easy. It can become overwhelming due to the competitiveness of the legal profession. But by clarifying your career aspirations, expanding your professional network, and reach out to recruitment agencies you are, one step at a time, setting the foundation for a successful legal career.

It is important to remain proactive, organised and motivated during this time. It is not an easy process, due to rejections and setbacks. Therefore, try to keep an open-mind and remain adaptable. Remember – rejection is a form of redirection!

The post Life After Graduation: Tips and Advice appeared first on The Student Lawyer.

Reading time: three minutes

The importance of hiring people with disabilities

Because they are problem solvers, critical thinkers and hard workers. They have to overcome obstacles daily meaning they always have a Plan B. Also, they often have to adapt to challenging situations meaning they are flexible and resourceful as they live in a world that is not made to their needs and they often bring different viewpoints to an issue and think outside of the box, resulting in innovative solutions. These were among the few points that were highlighted at the B.E. Inclusive event hosted by the Chartered Institute of Building (CIOB).

Read this article to learn about legal inclusivity for the D/deaf community: https://thestudentlawyer.com/2024/03/24/legal-inclusivity-for-the-d-deaf-community/

I had the pleasure to join the professional member institutes to discuss how we can promote the employment as well as retention of disabled people. When discussing topics like inclusivity, it is vital that we help and learn from each other which underscores the importance of holding events like these in the first place.

Recruitment, retention and promotion

The event shed light on alarming figures such as how there are 16 million disabled people in the UK with only five million in employment. What’s more, is that the employment gap between disabled and non-disabled employees has changed very little over decades despite relentless campaigning for change. It was suggested that we improve this by focusing on good practice in recruitment, retention and promotion. For example, if the application form is not accessible enough to read or the interview process is more challenging because of a disability, then this is the first barrier to recruitment which must be tackled. To ensure the retention of disabled people in your company, listen to their disclosure of their needs and do your best to deliver. Too often disabled people leave their workplace because unmet needs result in them not being as productive as they can be and so they experience job dissatisfaction.

If you would like to find out examples of what reasonable adjustments you can ask for, read my other article on ‘How to establish a deaf-friendly legal workplace’: https://thestudentlawyer.com/2024/05/06/how-to-establish-a-deaf-friendly-legal-workplace/

Lastly, promotion is critical in order to encourage disabled people to join your organisation andshow that your company is on a disability inclusivity journey.

There is still a long way to go but society has made strides in improvements, meaning employers often want to know how they can provide for employees who face barriers when it comes to accessing the workplace. The first step to improving inclusivity could be enlisting the help of an external person who can look at recruitment procedures and the infrastructure who can advise your organisation on how you can do better. Likewise, awareness days and weeks are incredibly valuable as they offer an opportunity to learn something new about other people’s lived experience which in turn boosts empathy and understanding.

Infrastructure accessibility

It was eye-opening to learn how we can improve our infrastructure to be more accessible and it drew to my attention tothe importance of the solutions-based approach which involveslighting, acoustics and colours when it comes to creating a peaceful and calm work environment. An important point made was that not only will these adjustments benefit the individual in question, but inclusive practice also benefits everyone else in the workplace! Refurbishment of buildings is not about having a large sum of funds; it is about investing the money where it will make the most of a difference.

Read more about whether the legal profession is fit for those with disabilities: https://thestudentlawyer.com/2024/05/01/is-the-legal-profession-fit-for-people-with-disabilities/

Neurodiversity and disclosure

With the topic of neurodiversity, the criticality of disclosing and communicating individual needs was stressed as we need to continually educate those around us. Those who have adjustments at work are more productive which underscores the need to disclose your needs as without giving your employers the information, they can’t help you. A lack of awareness is conducive to inaccessibility. What works well for one person doesn’t necessarily work for another. Also, lighting, sound and smell are components that should be considered in the workplace as well as the layout of desks which can help those with autism, sensory-processing issues etc.

Read more about the legal rights of the D/deaf community: https://thestudentlawyer.com/2024/05/11/an-overview-of-the-legal-rights-of-the-d-deaf-community/

Identifying barriers

I learned of the brand, Purple Tuesday, which works with organisations to identify where accessibility barriers exist across the three pillars:

1. People;
2. Place; and
3. Policy.

I also found their Disability Inclusion Framework particularly interesting which progresses from Awareness, Understanding, Involvement and finally, Engagement. Accountability and leadership are so important but whose responsibility is it? It’s the responsibility of everyone.

Read this article to find out how we can make the British courtrooms more accessible: https://thestudentlawyer.com/2024/07/15/how-do-we-make-our-british-courtrooms-more-accessible/

Moving forward

The biggest tip that I learned today, and would recommend to employers, is to just get started on your diversity inclusion journey! Not only is including disabled people in your company socially important, but it’s also commercially beneficial – if you ignore accessibility, it means you are choosing not to access that market. Organisations should start by looking inward and identifying gaps in their current practices, potentially establishing Employee Resource Groups (ERGs) or Disability Inclusion Networks.

To summarise, our disabilities are an asset, rather than an issue, to companies because we are problem solvers, and what company doesn’t want that?

The post Disability Inclusion in the Workplace: Insights from the B.E. Inclusive Event appeared first on The Student Lawyer.

British Gas, a major energy supplier, has filed a significant number of winding-up petitions against small and medium-sized enterprises (SMEs) struggling with post-COVID financial challenges.

A winding-up petition is a legal mechanism that creditors use to initiate the forced liquidation of a company unable to pay its debts as they fall due. In the UK, creditors can apply to wind up a company, provided they can prove that it cannot pay a debt of at least £750.

The implications of this mechanism are severe. It often results in frozen bank accounts, disrupted operations, and the company’s dissolution, with its assets sold off to pay creditors.

What’s happening with British Gas?

Over the past two years, British Gas has filed 171 winding-up petitions against companies, a stark increase from the 51 petitions filed in 2021 and 2022. This surge is partly driven by skyrocketing energy bills, exacerbated by the Russia-Ukraine conflict, which has left many SMEs struggling to cope. The lifting of pandemic-era financial protections has further exposed these businesses to economic instability.

British Gas is not alone in using this legal measure; other energy suppliers have followed this trend to address outstanding debts and safeguard their financial interests. The large volume of petitions highlights the severity of debt issues in the SME sector.

As such, these businesses must understand the potential consequences and protect their interests, including proactively assessing their financial situation, developing realistic plans to address debt, and implementing robust cash flow management practices.

Despite rising customer energy costs, British Gas reported a tenfold profit increase in 2023, benefiting from higher bills. This financial success starkly contrasts many SMEs’ economic difficulties, fueling calls for an energy ombudsman to provide stronger protections for small businesses.

Consequently, organisations such as the Federation of Small Businesses (FSB) are urging the government to empower the ombudsman with greater authority to shield small businesses from aggressive actions by energy companies.

Impact on law firms

British Gas’s increase in winding-up petitions has implications for law firms, particularly those specialising in insolvency and restructuring law and commercial litigation.

Insolvency and restructuring law

Insolvency lawyers are now increasingly engaged in advising and representing creditors and debtors. They assist clients in filing or defending against winding-up petitions, evaluating a petition’s validity and determining the most suitable course of action for SMEs in the insolvency process.

Furthermore, these lawyers can help businesses develop restructuring strategies to navigate financial distress and mitigate the severity of potential repercussions. This may include negotiating debt restructuring or repayment plans with creditors or formulating alternative rescue plans to maintain business operations.

Commercial litigation

Disputes over unpaid energy bills have also increased demand for commercial litigators. These lawyers help clients pursue legal action to recover outstanding debts.

Additionally, they handle disputes over energy supply contracts, advise on contract breaches, and represent clients in negotiations or litigation to enforce or defend contractual rights.

–         By Yman Abrate

THE PANAMA CANAL

Due to global warming in recent years, the frequency of El Niño events has increased, reducing the Panama Canal’s water levels with a risk that it may dry up soon.

Brief history

Initially, the French began work on the canal in 1881. Realising that they could not dig across the entire country due to the unstable terrain, which took the lives of 22,000 workers, the project was abandoned. In 1904, the U.S. reignited this ambitious project, relying on the pinnacle of engineering to create a lock canal instead of a sea-level one.

Various inventions were used to facilitate the canal’s construction. Completed on August 15, 1914, the Panama Canal aimed to facilitate global trade by connecting the Atlantic and Pacific Oceans.

Due to increasing global warming, there is a lack of rainfall caused by the rise in El Nino events. Recently, the lake has faced the risk of drought, which could stop using the Panama Canal.

Economic impact

The Panama Canal, a vital artery of global trade, facilitates 5% of the world’s trade and 40% of the U.S.’s imports and exports. This generates a significant 6.6% of Panama’s GDP, amounting to $ 4.32 billion in annual revenue. However, the increasing frequency of El Niño events due to global warming is taking a toll.

Each ship transit requires a staggering fifty-two million gallons of freshwater across all locks. The more frequent droughts, which used to occur once every seven years, now result in an additional $200 million expense for the canal’s annual costs.

The canal’s reduced capacity also burdens countries and shipping companies economically.

Increased shipping costs

–         There will be increased shipping costs owing to longer routes taken around the southern tip of Cape Horn or the Cape of Good Hope, owing to significantly higher fuel costs and longer travel times.

Customers will endure higher freight rates, affecting the price of imported goods in the UK and leading to inflationary issues.

Supply chain disruptions

–         Longer shipping routes equate to delivery delays, especially for industries relying on just-in-time delivery systems.

–         The UK would experience a shortage of certain goods, especially those sourced from countries that regularly use the Canal for goods shipping.

Impact on trade

–         The UK will likely face higher costs when shipping to other countries on the Pacific side of the Americas and Asia, making their products less competitive.

The energy sector

–         The disruptions could affect energy supplies and prices, leading to higher costs for businesses and consumers.

The insurance sector

Cargo is insured in case of loss and damage on standard terms like the Institute Cargo Clauses (A). Longer sea routes are considered more dangerous, which inevitably means shipping companies will pay higher insurance premiums, which they will pass on to customers.

Legal impact

Contractual issues

Between 13,000 and 14,000 ships cross the canal annually, causing delays and accidents that damage cargo. Consequently, the Panama Canal’s turbulent operation directly impacts future sale contracts dealing with delays and extra costs. To mitigate such circumstances, revised clauses of delay, vessel detention, and force majeure are inserted into contracts.

Under English law, frustration is only accepted if it can be proven that the performance of the contract has become impossible. Where performance is delayed or becomes much more expensive, this will not apply.

Some considerations in sales contracts include the attribution of liability for additional expenses related to the carriage of goods, whether such costs can be escalated or passed down the contractual chain, and whether any demurrage clauses apply. Where the latter is found, insurance claims for damage during loading and unloading cargo can be sought.

Renegotiations of shipping and supply contracts will be necessary to account for increased costs and transit times.

Trade agreements

–         Trade routes will probably be reassessed to account for the new realities, and as such, renegotiations to assess change in cost structures and delivery times will be necessary.

Regulatory changes

–         Shipping regulations and standards will likely be revised to address the logistical challenges of longer sea routes.

–         Increased fuel consumption is inevitable, leading to higher emissions. Stricter environmental laws may be required to mitigate these consequences.

Dispute resolution

–         The disruptions caused by the change in the Panama Canal could increase costs and lead to a rise in litigation as parties seek redress from delays, increased costs, and non-performance.

Overall, the drying up of the Panama Canal would have profound economic and legal implications in the UK and worldwide. To mitigate these impacts in the UK, adaptation through strategic planning, investment in infrastructure, and potential regulatory changes must occur. The same could be said for other countries likely impacted.

Otherwise, we will continue to observe the adverse effects of poor preventative strategies as is currently unfolding.

–         By Stefan Iacobescu

APPLE INTELLIGENCE – “AI FOR THE REST OF US?”

Apple’s recent integration of Apple Intelligence marks one of its most strategic manoeuvres to date. It has allowed the company to gain a competitive advantage in the AI industry and remain on par with key players such as Google, Microsoft and Amazon.

As the AI market continues to experience exponential growth, with a projected compound annual growth rate of 37.7% until 2030, Apple’s commitment to transparency and prioritising user privacy cannot be overstated.

Sustaining these principles is crucial in the face of AI’s emerging challenges and threats.

The “personal virtual assistant.”

With a significant age disparity of 50% between Gen Z and late Millennials, Apple Intelligence caters to a diverse audience seeking an inclusive, user-friendly and accessible technological service. It positions itself as an “intelligence that understands you”, providing personalised virtual assistance for all users.

With Apple’s latest devices, customers can enjoy various personal tasks Apple Intelligence facilitates. Features like Genmoji and Image Playground enable users to curate images based on descriptions, while Siri offers enhanced conversations with contextual understanding.

Integrating OpenAI’s ChatGPT into the operating system ensures accurate and knowledgeable results across different apps, expanding Apple Intelligence’s capabilities.

Issues

“Built with privacy at the core?”

Apple prioritises privacy and aims to understand individual interests while safeguarding user data. Introducing the Private Cloud Compute ecosystem addresses concerns by ensuring limited access to sensitive data, preventing query information retention and promptly deleting unnecessary data. However, securely processing private AI in the cloud presents challenges, as it requires unencrypted access to personal data for machine learning models.

The partnership with OpenAI’s ChatGPT raises questions about data collection, particularly for users linking their ChatGPT subscription with iOS and macOS accounts. While Apple Intelligence emphasises data privacy and security, the advancements in the field carry the potential risk of privacy invasions that have not yet been encountered.

“Applying the technology responsibly.”

Apple’s commitment to data protection and responsible technology application remains, but substantiating these claims remains challenging.

Stamos, Computer Science Lecturer at Stanford University and former chief Security Officer at Facebook, states, “They’re promising a level of transparency that nobody’s really ever provided. […] It’s hard to totally prove at this point, but what they’ve laid out is about the best you could do to provide this level of AI services running on people’s private data while protecting their privacy.”

To fulfil the promises of the Worldwide Developers Conference (WWDC), Apple must ensure responsible behaviour in AI integration. Despite marketing Apple Intelligence as “AI for the rest of us”, concerns about inclusivity arise due to persistent transparency and accountability issues when deployed to millions of iOS and macOS users.

Service providers often lack clarity by withholding specific details about their AI software stack, making it challenging for users to verify the integrity of connected services. Non-technical users need help to grasp the implications and potential impact of AI.

Addressing these transparency and accountability challenges is crucial for Apple to maintain user trust, honour its commitment to responsible AI usage and empower users to make informed decisions about engaging with AI-powered technologies.

Impact

Legal

Apple’s iOS and similar platforms must adhere to specific antitrust obligations under the EU’s Digital Markets Act (DMA), a legislative proposal to regulate digital platforms in the European market. However, the recent partnership between Apple Intelligence and ChatGPT, where Siri utilises the platform’s capabilities, raises concerns.

Large language models like ChatGPT are exempt from regulation as they are not classified as core platform services under the DMA. Although Apple has assured users that privacy concerns are addressed through customer opt-ins, the impact of Apple’s iOS antitrust obligations under the DMA on ChatGPT remains ambiguous.

Apple Intelligence’s impact on the legal sector is expected to be limited, given that most legal professionals rely on specialised tools and software optimised for non-Apple devices for tasks such as legal research, document management, and case analysis. However, the innovation-driven law firm BCLP stands out by offering new trainees access to advanced technologies like iPhones, raising the possibility that other law firms may follow suit.

The potential benefits of Apple Intelligence for new trainees in their daily legal practices are still uncertain. Furthermore, if Apple products gain broader adoption in the legal industry, integrating Siri and other AI features could potentially revolutionise the daily operations of legal practitioners.

Nonetheless, addressing privacy concerns when utilising Apple Intelligence and maintaining a careful balance when handling sensitive data is essential.

Economic

The announcement of Apple Intelligence has propelled Apple shares beyond the significant milestone of $200, capturing the attention of stock market investors. The forecasted developments for Apple Intelligence are expected to drive high-margin growth in Apple’s Services division and potentially lead to a market capitalisation of $4 trillion.

Apple’s entry into generative AI has also profoundly impacted the economy and industry, creating numerous job opportunities in AI development and related fields. Its true impact has yet to be unveiled.

Consumer

Apple Intelligence aims to revolutionise users’ lives by learning habits and preferences, becoming an invaluable tool for daily tasks. With vast practical implications, it can assist individuals with disabilities and provide swift access to hard-to-find information.

Apple Intelligence, initially available on select models like the iPhone 15 Pro and iPhone 15 Pro Max, will also be accessible on the upcoming iPhone 16, set for release this autumn. This is a compelling incentive for users to upgrade and enjoy the enhanced personal benefits. It may also encourage consumers to choose higher-priced phones to access the transformative features of Apple Intelligence.

Consequently, Apple Intelligence promises to address concerns about privacy, technological responsibility, and transparency. Nonetheless, these principles’ actual implementation and equilibrium have yet to be witnessed.

It is vital to observe how Apple translates its intentions into action while balancing protecting user privacy and ethical practices.

–         By Unique Beckford

The post Commercial Awareness Update – W/C 22nd July 2024 appeared first on The Student Lawyer.

Reading time: four minutes

What is Pro Bono?

“Pro bono” comes from  the Latin phrase “pro bono publico,” meaning “for the public good.” This refers to providing free legal advice to individuals. Recently, pro bono work has gained increased attention in the legal sector, with firms incorporating pro bono opportunities into their practices, allowing lawyers to contribute meaningfully to the community. Through pro bono work, any lawyer can have a significant impact. Their training, abilities, and aptitudes are highly adaptable to the real-life situations that pro bono clients come across, even if their specialised legal specialisation does not completely match these demands.

Pro bono work by lawyers has a long history; it dates back to the middle ages, when it was frequently the only avenue available to many people seeking justice. In their rules of conduct, the Solicitors Regulation Authority (SRA) and the Bar Standards Board (BSB) in the United Kingdom emphasise the significance of pro bono work.

In 2022, 124 firms reported performing a combined total of 4,950,520 hours of pro bono work, marking a significant increase from 2021, when 126 firms reported their pro bono hours. If participation rates and hours per participant had remained steady compared to 2021, the total reported hours should have increased by about 12.3%. However, the actual increase was only 7.3%.

The numbers show a disparity in potential involvement even with this increase. For example, while Advocate, the Bar’s pro bono organisation, counts 4,500 barristers as volunteers, this number still only makes up a small portion of the 17,252 barristers in the UK. The difference indicates that pro bono activities could benefit greatly from the participation of additional barristers and firms.

Benefits of Pro Bono Work

1. Community Engagement and Reputation

Participating in pro bono work strengthens the bond between the legal profession and the broader community. When lawyers volunteer their time and expertise to assist those in need, they cultivate goodwill and trust within society. This engagement not only benefits the clients receiving help but also bolsters the legal profession’s reputation as a dedicated advocate for the public good. Law firms and chambers that prioritise pro bono initiatives often experience improved public perception and enhanced loyalty from clients.

This positive perception can lead to increased brand recognition and a favourable reputation, attracting new clients and opportunities. Additionally, pro bono service allows lawyers to build their professional reputations.

2. Policy Influence and Legal Reform

A significant factor in influencing public policy and promoting legal reform is pro bono labour. Lawyers who take on pro bono matters are better able to recognise root causes and push for reforms that would help those in need. This influence frequently leads to important judicial precedents and reforms that improve the equality and fairness of the justice system. The growth of laws and regulations that support these objectives is directly influenced by the actions of solicitors and barristers who participate in impact litigation and policy efforts.

The ability of solicitors to provide for the legal requirements of the most underprivileged members of society and the charitable organisations that assist them is improved by a well-run pro bono programme. In addition, it allows lawyers to step in when nonprofits or public interest law organisations are unable to pay for legal assistance, guaranteeing that litigants in public interest get adequate representation.

3. Job Satisfaction and Well-being

Beyond its obvious advantages, pro bono work has the potential to significantly affect legal professionals’ job happiness and general well-being. Many solicitors find that taking on pro bono matters gives them a profound sense of satisfaction and rekindles their passion for the practice of law. It can be immensely fulfilling to positively touch the lives of clients who actually need legal aid. This feeling of involvement and purpose frequently lessens stress and raises general job satisfaction and assisting with retention rates.

Lawyers who feel appreciated and are given new tasks have been shown to stay with their firms, which goes beyond increasing employee engagement. Pro bono opportunities give them the chance to learn new skills, engage with different populations, and feel good about giving back to the community. Pro bono work is a strong motivator for legal professionals to be dedicated to their organisations because it offers the combined benefits of professional development and personal fulfilment.

Challenges

Pro bono work has many advantages, but incorporating it into a practice can be difficult for lawyers and barristers. The limitations on their time, finances, and the needs of paying clients might all make it difficult for them to accept pro bono cases. Although many lawyers have expertise in general civil practice, many restrict their practice to certain areas of law, making their engagement even more complicated by their lack of necessary skills or experience in those areas.

Statistics reveal a concerning trend: one in five lawyers in the United States has never undertaken any form of pro bono service. This figure highlights the ongoing difficulties that keep lawyers from performing pro bono work. The aforementioned time limits, responsibilities to family or other personal duties, and a perceived lack of skills or expertise are some of the main reasons given for this lack of engagement. All of these reasons work against lawyers offering their free legal services to those with limited resources and marginalised populations who want legal assistance which should not be the case in 2024.

1. First of all, it prevents underprivileged groups who cannot afford legal representation access to the court system. These people could find it difficult to understand complicated legal matters or to successfully protect their rights without pro bono assistance.
2. Second, it maintains the gaps that exist within the legal system by giving a disproportionate amount of legal services to those who can afford them, while marginalised groups encounter more obstacles to accessing the courts which is the reason behind we need more to contribute to pro bono work.

Finally

Pro bono work must be included into legal firms despite the difficulties if equitable access to justice is to be ensured for people who cannot afford it. Expanding pro bono projects is essential, as presently less than half of solicitors and barristers are involved in such activities. In addition to improving the legal profession’s standing and public trust, increasing pro bono work demonstrates the profession’s dedication to maintaining social injustices and serving the public interest whilst also enhancing on lawyers skills and putting their expertise in practice.

The post The Importance of Pro Bono in Law appeared first on The Student Lawyer.

Reading time: 8 minutes

This article will examine how the historical context, challenges, and significance of diversity and inclusion (D&I) in jury selection within the UK enhances fairness and impartiality in trials, reduces biases, and fosters public trust in the judicial system.

Background

Historically, jury selection in the UK has faced challenges related to the underrepresentation of minority groups, with traditional practices often failing to ensure D&I in juries. While the UK does not use peremptory challenges like in the US, systemic biases and socio-economic barriers have historically limited the diversity of jury pools. The importance of D&I in jury selection in the UK lies in ensuring that juries reflect the broad demographics of the society, thereby enhancing the fairness and impartiality of trials. A diverse jury brings varied perspectives, reduces the likelihood of biases, and fosters greater public trust in the judicial system, ultimately ensuring that all individuals receive a fair trial.

Historical Context

The history of jury selection in the UK reveals a long-standing struggle with ensuring D&I. Traditionally, juries were predominantly composed of white, middle-aged men, reflecting broader societal biases and systemic exclusion of minority groups. The Juries Act 1974, which governs jury service, initially did little to address these disparities. Over time, reforms were introduced to broaden the eligibility for jury service, such as the abolition of property qualifications in 1972 and the inclusion of women in 1920. Despite these changes, socio-economic barriers and implicit biases continued to limit the representation of ethnic minorities and other underrepresented groups. Key legal challenges and reports, such as the 1999 Macpherson Report, which highlighted institutional racism within the police and judicial system, have spurred ongoing efforts to promote greater D&I in jury pools. However, significant disparities remain, underscoring the need for continued reform and proactive measures to ensure that juries accurately reflect the diverse society they serve.

Challenges

Socio-Economic Barriers

One of the significant challenges to achieving D&I in UK jury selection is socio-economic barriers. Individuals from lower socio-economic backgrounds often face practical difficulties in serving on juries, such as financial hardship due to loss of income during the trial period. While jurors are compensated for their time, the amount may not be sufficient to cover the expenses and lost wages for those in low-paying jobs.

Additionally, individuals from disadvantaged backgrounds might have less flexibility in their work schedules, making it challenging to commit to jury duty. These barriers disproportionately affect minority communities, who are more likely to experience socio-economic disadvantages, thereby limiting their representation on juries and perpetuating a lack of diversity.

Implicit Bias in Selection Process

Implicit bias in the jury selection process poses another significant challenge to D&I. Even with measures in place to ensure random selection, biases can influence which jurors are ultimately chosen to serve. For example, lawyers and judges may unconsciously favour or dismiss potential jurors based on their own prejudices, subconscious bias or stereotypes about race, ethnicity, or socio-economic status. This can lead to the exclusion of minority individuals from juries, skewing the composition towards more homogenous groups. Efforts to address implicit bias, such as training for legal professionals and stricter guidelines on juror dismissal, are essential to mitigate its impact and promote fairer, more inclusive juries.

Lack of Awareness and Engagement

A lack of awareness and engagement among minority communities regarding jury service also contributes to the challenge of achieving diversity. Many individuals from underrepresented groups may be unaware of their eligibility or the importance of their participation in the judicial process. Mistrust in the legal system, stemming from historical and ongoing discrimination, can further deter minority individuals from engaging in jury service. Outreach and education initiatives aimed at these communities are crucial to increase awareness and encourage participation. By fostering a greater understanding of the role and significance of jury service, the judicial system can work towards more inclusive juries that better reflect the diversity of the population.

Significance of D&I in Jury Selection

Enhanced Fairness and Impartiality

D&I in jury selection significantly enhance the fairness and impartiality of trials. A diverse jury brings together individuals from various backgrounds, perspectives, and life experiences, which helps in mitigating personal biases and ensuring a more balanced deliberation process. When juries reflect the demographics of the broader community, the likelihood of prejudiced decision-making decreases, and the trial outcomes are more likely to be just and equitable. This inclusiveness ensures that all viewpoints are considered, promoting a thorough examination of evidence and arguments, thereby upholding the principles of fairness and justice in the legal system.

Increased Public Trust in the Judicial System

Another major significance of D&I in jury selection is the increased public trust in the judicial system. When juries are representative of the community’s diversity, it enhances the perceived legitimacy of the legal process. People are more likely to trust and respect a judicial system that visibly includes and values individuals from all walks of life. This trust is crucial for maintaining social cohesion and the rule of law, as it encourages public cooperation with legal processes and compliance with judicial decisions. By demonstrating a commitment to fairness and equality, a D&I jury system reinforces the credibility and integrity of the justice system, fostering greater public confidence and support.

Initiatives

To address the lack of D&I in jury selections, several key initiatives could be implemented. Community outreach and education programs should be developed to inform minority communities about jury service eligibility and importance, aiming to increase participation and trust in the judicial system. Implementing mandatory implicit bias training for legal professionals would help mitigate biases in jury selection processes, ensuring fairness. Reforming jury selection procedures to minimise socio-economic barriers, diversifying jury summons lists through expanded data sources, and establishing monitoring and accountability measures are crucial steps toward creating more representative and equitable jury pools reflective of the community’s diversity.

Conclusion

In conclusion, examining the historical context, challenges, and significance of D&I in jury selection within the UK highlights its crucial role in enhancing fairness and impartiality in trials, reducing biases, and fostering public trust in the judicial system. Historically, UK jury selection has struggled with underrepresentation, stemming from systemic biases and socio-economic barriers despite reforms aimed at broadening eligibility. Challenges such as socio-economic barriers, implicit biases in selection processes, and a lack of awareness among minority communities persist, hindering diverse jury composition.

However, initiatives such as community outreach, implicit bias training for legal professionals, and reforms to enhance inclusivity in jury summons lists offer promising solutions. These efforts are essential to ensuring that juries accurately reflect societal diversity, thereby promoting fair trial outcomes and bolstering public confidence in the integrity of the judicial process.

The post The Role of Diversity and Inclusion in Jury Selection and Fair Trials appeared first on The Student Lawyer.

Why Do People Use An IRS Tax Lawyer?

1) The threat of an audit

The term tax audit is one of the scariest that any taxpayer can imagine. No one wants to go through this examination of their tax affairs. Even if you’ve filed everything correctly to the best of your knowledge and ability, there’s the fear that one mistake could be costly. Unfortunately, audits can occur through random selection and screening, not just concerns over specific information. So, there is a chance that even the most precise and law-abiding of us could get a letter.

2) The threat of criminal charges

This is the more serious issue that tax layers have to contend with. Tax fraud and tax evasion charges can be life-changing. If the IRS believes you lied on your tax return or deliberately avoided payments, you can face prosecution. Tax lawyers will defend those caught in this situation. They will do so with kindness and professionalism, knowing that every individual situation is different. Maybe you just made a mistake and need help proving it.

3) Help to correct past mistakes

Speaking of owning up to mistakes, legal representation can help here too. People fill out the wrong parts of forms and make errors with payments accidentally. Anyone who raises their hand and proactively tries to correct that should be commended. However, too many struggle to deal with the IRS system and get them to cooperate. Legal representation could be enough to change that and fix the issue.

4) Valuable tax advice

Sometimes, it helps to speak to a skilled tax attorney long before there’s any problem to deal with. Tax affairs are complicated, and it can feel like the system was designed to trip people up. This can be especially daunting for new business owners and the self-employed who aren’t fully aware of their rights and obligations. Those who sit down with a tax lawyer to go through everything in advance could avoid costly mistakes.

What Can An IRS Tax Attorney Do For You?

You don’t have to go through the stress of any IRS situation alone. The best irs tax attorney is ready to take on your case and give you the support you need to overcome any of these issues and get the outcome you deserve. These skilled experts have the knowledge and experience to go over your case, explain the situation, come up with a plan, and act in your best interests. They will use the best resources available to help you complete the right paperwork, negotiate terms, and ensure that your record and reputation remain clean. Top law firms dealing in IRS tax cases should be able to help with the following options.

1) Appeals

This is something anyone dealing with the threat of an audit or sanctions needs to be aware of. There may be the opportunity to appeal the charges and stand up for your rights as long as you have the right lawyer at your side. The IRS may send a 30-day letter, which tells you about the right to appeal within 30 days. Don’t delay on this. Find a lawyer who can go over the IRS report and help you create a formal written protest. They will be able to highlight laws supporting your case and go into detail about facts that work in your favor.

2) Audit representation

Individuals facing the threat of an audit can hire an IRS tax attorney to represent them throughout the process. This will give you an upper hand and stop the IRS from taking advantage of your inexperience. These lawyers will go over the report and the proposed reasons for the audit and make sure you are prepared for the assessment. This means defending items reported and presenting evidence as your representative. They may also be able to resolve any payment issues and help you avoid future audits.

3) Penalty abatement

Penalties are one way the IRS punishes those who don’t follow the rules to the letter. Again, these failures may not be deliberate or entirely your fault. A failure-to-pay notice may arise following a delayed payment or banking error. A failure-to-file penalty could come from issues with the tax return system or other unavoidable delays. A tax attorney can make a case in your defense as long as you have a good record with the IRS and may be able to remove the penalty for a tax period. If this isn’t possible due to missed payments, there may be a case for an offer in compromise.

4) Transcript retrieval

This final service is one that taxpayers may not realize is an option for them. You have the right to see a transcript of your IRS records. This can offer peace of mind about the status of tax returns and payments and clarification on figures. An IRS tax lawyer can help with this and retrieve the records on your request. They will then go through the report with you, explain what everything means, and offer advice on anything that may be of concern.

Speak To An Expert Today

This is just a taste of what tax lawyers can do to help anyone struggling to deal with the IRS. Dealing with tax returns and tax payments is an inevitability and a big headache for many people, but it doesn’t have to be. Contact your local firm for advice on dealing with the IRS to avoid future problems, hire an attorney if you ever face an audit or penalty, and take advantage of any advice they have to offer.

The post Let An Expert Tax Attorney Help You Deal With IRS Stress appeared first on The Student Lawyer.

Please briefly explain your background and journey into law.

I first began thinking about law during sixth form. I took part in an access programme with Sheffield University, where I was able to visit the university monthly, as well as travel to London, visiting the Royal Courts of Justice, and a top commercial law firm. As a sixth former, this was a very cool experience, and subsequently, I applied for my LLB degree.

At university, commercial law is very well advertised, and that’s probably why I started looking at those opportunities. I took part in a first-year scheme with a magic circle firm, as well as another large firm’s regional office in Glasgow. At the end of my first year, there weren’t many internships at commercial law firms, so instead, I interned at a corporate immigration firm, which gave me a different range of work to a traditional full-service firm.

In second year, I reached several assessment centres, but unfortunately didn’t get a vacation scheme. At the time, it felt like the world was ending. However, securing an in-house internship within the financial services industry clarified for me that a career in commercial law is what I want. This opportunity was definitely a pivotal moment and gave me the push I needed to go on and secure a vacation scheme and training contract in my final year.

Something to highlight is that even if an opportunity doesn’t work out for you, you will find your path and end up where you are meant to be!

Why is social mobility in the legal industry important to you?

First, it’s important to me because it affects me. The experiences I had at some of the open days I attended made me feel like other people were further ahead, because they came from more privileged backgrounds. I think there is still more that can be done. Underlying that, social mobility in the legal industry is important because it is about fairness. The legal industry should be more representative of the UK population, which will have better implications for clients, who in turn, represent the wider UK population.

I also think that universities in the North tend to be less represented at top law firms, and that the university you attend can alter the experience you have. This absolutely should not be the case, in particular because many students are not informed that the university you attend can impact your career opportunities. My response to discovering that northern universities are less represented at top London firms than other universities acted as a motivator for wanting to succeed even more. Despite sometimes being harder for some, it definitely is achievable.

How did you become involved with the 93% Club? As Founder and President of the 93% Club Sheffield, what have been your ambitions for the club, and how have you sought to help improve opportunities for state-educated students?

I first heard about the 93% Club in my first year of university, through LinkedIn. I went to their Social Mobility Factory and spoke both with professionals who had gone through similar experiences, and students who were equally as determined as me to break into a career. In second year, I tried to find like-minded people who would be interested in improving social mobility, which meant that we could properly set up the 93% Club in Sheffield, becoming affiliated with the Students’ Union. The Club’s values fully align with my values and experiences of law, which can feel very unequal when you are from a socially mobile background. I was very motivated because it can be easy to feel isolated from people with more privileged backgrounds, and I didn’t want other students to feel the same way I did.

Our approach to improving opportunities for state educated students manifests in two distinct ways: socially and career oriented. Often, the social aspect is undervalued because the primary objective is to assist students find top jobs. However, if students can’t afford to socialise or even put the kettle on for a hot drink that day, then how are they supposed to succeed? We ran regular free tea and coffee events to ensure that students were able to have a warm drink and a chat, whilst not having to worry about the cost.

In terms of how we helped improve opportunities for careers, we hosted a variety of leading industry professionals to come and talk to students. We had events in various sectors ranging from finance, public, consulting, law, and marketing. Creating a friendly environment allows students to build a network similar to that of their more privileged peers who may already have one.

I hope we have been able to achieve our goals this year! We won Best New Society at our Students’ Union Activities Awards. People who gave feedback shared that the Club had changed their perspective and experience at university, as well as helping to navigate finding a career. Overall, it was a very rewarding experience.

What advice would you give to students seeking to break into the legal profession, who may not have connections in the industry, and may be the first in their family to attend university?

The first thing I would advise is to reassure yourself that you can do it. If you work hard, you will get there. Something I found interesting is that the 93% Club have spoken about using social mobility as a superpower. What it means is that when applying for top jobs, it may not be commonplace to come from where you do or have the accent you have. Ultimately, use this to your advantage and make the most of the experiences you do have. For me, in every assessment centre I did, I talked about working at Starbucks and the transferrable skills it gave me. For example, teamwork and leadership.

Are there any resources that have been particularly helpful to you, in your journey to securing a training contract?

Definitely make use of resources and programs like Aspiring Solicitors and upReach. UpReach have a social mobility network, where you can talk to professionals from a number of law firms. UpReach also gives you your own coordinator, to help you through your journey. A law firm they are partnered with offers a scholarship scheme. I was able to have calls with partners, and I don’t think there are many platforms that offer you so much tailored experience and help. Not everybody has access to these because you have to be from a socially mobile background to take part, so make the most of these.

The post Interview with Emily, Founder and Former President of the 93% Club Sheffield, and Future Trainee Solicitor. appeared first on The Student Lawyer.

What sparked your interest in the future of law, and how do you envision the role of technology, particularly AI, shaping the legal landscape in the coming years?

My interest in the future of law began during my doctoral research at the Max Planck Institute in Luxembourg. I explored how technology, particularly AI, is transforming the legal landscape. I focused on arbitration, blockchain, and Web 3.0, recognising their potential to drive socio-cultural and economic changes. AI will revolutionise legal research, case analysis, contract review, and dispute resolution through tools like LexisNexis, Westlaw, and Evisort. As AI handles routine tasks, lawyers will focus on strategic and creative work, utilising AI-powered tools from companies like LexMachina and CaseFox.

Can you share with us some of the recent advancements in AI and its impact on the legal industry in Turkey?

Recent AI advancements, like natural language processing, speed up and improve legal document analysis. However, AI usage differs between Turkey’s civil law system and England’s common law system, which relies heavily on precedents. Developing an AI that handles diverse legal demands is a challenge. Despite this, AI is increasingly useful in law, particularly in notetaking, archiving, and classification. Trained AI can quickly scan documents in a specific field. Some Turkish law firms have integrated AI solutions, improving client services and internal operations. AI-assisted research and opinion generation are promising but still distant goals.

In what ways do you believe tomorrow’s lawyers should be prepared to adapt to the evolving technological landscape in the legal field, and what skills will be crucial for their success?

Tomorrow’s lawyers will need to develop new skills to adapt to technological advancements. Key skills include technological literacy, data analysis, and understanding AI applications. Additionally, lawyers must possess in-depth knowledge of ethics and privacy issues. Problem-solving, creativity, and strategic thinking will be crucial for success. Educational institutions and professional organisations should focus on developing these skills to prepare lawyers for the future.

 In the IMF report on AI and its impact on the future of work, it is discussed that AI is unlikely to completely replace judges and lawyers but will instead complement their work. The report highlights several key points:

AI will enhance, not replace, the work of judges and lawyers by automating routine tasks and improving productivity. Human judgment remains crucial due to societal acceptance and ethical considerations, preventing full AI autonomy in legal decisions. AI will complement legal professionals’ expertise, allowing them to focus on complex tasks. The IMF report indicates that AI won’t replace judges and lawyers entirely, as critical decisions require human oversight. Instead, AI will augment their capabilities, improving productivity while maintaining the need for human expertise and judgment in legal processes. This complementarity ensures AI will enhance, rather than replace, the work of legal professionals.

How does SmartLex contribute to the professional development of lawyers in Turkey, and what initiatives does your company undertake to ensure they are equipped to navigate the intersection of AI and law effectively?

SmartLex significantly contributes to the professional development of lawyers in Turkey by providing comprehensive content on artificial intelligence and blockchain technologies, ensuring that lawyers are familiar with and can effectively use these new technologies. We host various educational seminars and webinars to help lawyers work more efficiently and effectively in the digital age. Additionally, through our podcast channel “Smartlex Podcast by Yasemin Yurttaş,” where we interview leading industry figures, we help lawyers gain diverse perspectives and stay updated on the latest developments. We conduct research and development projects focusing on the potential and applications of AI in the legal field. These projects enable lawyers to automate routine and repetitive tasks with AI, allowing them to focus on more strategic and creative work. Consequently, SmartLex supports lawyers in acquiring the necessary skills and knowledge to succeed in a tech-integrated legal world. Furthermore, we are in the project phase of developing applications that integrate both blockchain and AI. Consequently, SmartLex supports lawyers in acquiring the necessary skills and knowledge to succeed in a tech-integrated legal world.

Summary

As we navigate the complexities of the digital age, the role of AI in reshaping the legal profession cannot be understated. Through the lens of SmartLex and its visionary founder Yasemin, we have gained valuable perspectives on the advancements of AI in Turkey, the transformative impact of technology on legal services, and the imperative for tomorrow’s lawyers to adapt and thrive in a tech-driven world.

The post A discussion on the Future of Law with SmartLex founder and lawyer, Yasemin Yurttas appeared first on The Student Lawyer.

New Government

Sir Keir Starmer of the Labour Party was declared Prime Minister of Great Britain on July 4, after a victory win in the 2024 General Election (totalling 411 seats) which saw the Conservative Party suffer its worst defeat in its history (down to 121 seats). Other parties gained an increasing number of seats in parliament including Liberal Democrats, SNP, and Green Party and the new addition with Reform UK’s.

Starmer, merely one week into power, scrapped the Rwanda Plan to deport illegal migrants crossing the English Channel into Britain, to find alternative ways to deal with unlawful migration.

In what Reform UK MP Nigel Farage has repeatedly called the ‘immigration election’, Rwanda and illegal migration into the UK remain controversial topics. After several failed readings of a proposed Rwanda Bill to deport illegal migrants, and after the Supreme Court declared the plan unlawful and inhumane (which backtracked the scheme), the Safety of Rwanda Act 2024 received Royal Assent only a few months prior to the General Election. The Act was built on two previous legislations

• Nationality and Borders Act, 2022 – This was introduced shortly after the accession of Rishi Sunak as Prime Minister and Suella Braverman’s appointment as Home Secretary after the 2022 political crisis. Its basic aims were to break the criminal model of trafficking networks, to protect genuine cases of asylum and refuge, and to remove those from the UK with no legal rights to stay.
• Illegal Migration Act, 2023 – This had a more comprehensive outlook on immigration asserting that those with no legal rights in the UK would be removed to a ‘safe third country’ (i.e. Rwanda) or returned to their home country. The incentive was to stop small boat crossings, hasten the removal of illegal migrants to make space for genuine asylum seekers, and prevent abusers of the modern slavery safeguards from entering.

New legislation

Where does the Safety of Rwanda Act come in? It appears as a forceful attempt by the previous government in demonstrating their allegiance and co-operation with the Rwandan government to continue with the immigration plan (through the Migration and Economic Development Partnership), irrespective of the Supreme Court ruling. This was made clear by the government website and by the previous government’s attempt to declare Rwanda safe through new legislation.

The plan proposed a treaty between the two governments and a declaration of Rwanda’s supposed safety through the Act. But with Rwanda scrapped, new legislation appearing as futile, and a no-refund comment from the Rwandan government, unlawful migration is back at square one.

The plan, which costs the British taxpayer £270 million, is expecting no refund of payment by the Rwandan government following Starmer’s decision. This has come with much criticism from all political angles as well as speculation regarding Starmer’s next move on unlawful migration. But what legal implications does this have, especially in the context of immigration law?

The Supreme Court’s press summary from November 2023 claimed that the Home Secretary’s appeal was ‘unlawful’, on the premise that there are ‘substantial grounds for believing that asylum seekers would face a real risk of ill-treatment’. Sitting on this case in the Supreme Court were Lord Reed (who specialised as a barrister in civil cases and a member of the European Court of Human Rights) and Lord Lloyd-Jones (who further specialised in international and EU law).

Further, three firms joined forces to act against the unlawful scheme using pro-bono methods. These were Allen & Overy, Baker McKenzie and Freshfields Bruckhaus Deringer. Working with the United Nations High Commissioner for Refugees, they provided advice on human trafficking and freedom from torture, as well as acting for individual appellants in defence of their genuine asylum cases.

The firms had further aided the domestic court and European Court of Justice in their halting of the first Rwanda flights. Wilson’s Solicitors played a significant role in acting for two asylum seekers in mid-2023 in front of the Courts through their immigration legal expertise.

New plan?

The deemed unlawfulness of the old scheme was based on the fact of facing ill-treatment because of race, religion, nationality, or socio-political membership. So, it raises the question again as to what will happen to illegal migrants.

If Rwanda is deemed unlawful and unsafe, would asylum seekers be returned to their home countries, and how long might this take? What alternative could Prime Minister Starmer present that could lawfully oversee the reduction of small boat crossings and illegitimate asylum seekers?

Starmer and his Home Secretary Yvette Cooper present: the Border Security Command.

The new plan, which aims to strengthen border security and reduce small boat crossings through criminal smugglings gangs, makes little to no mention of illegal migration. Instead, the rhetoric is focussed on international crime and smuggling gangs.

Unlike that of the Conservative Party, the Labour Party’s plan aims to work with Europe and security agencies in the UK to reduce these gangs and small boat crossings, but not to reduce the residing of those living in the UK with no legal rights. Launched early this week, many news outlets have speculated that this will not actually reduce said numbers, but this is yet to be confirmed.

Further reading:

Supreme Court Rwanda Policy Press Summary of Court Case

Safety of Rwanda Act factsheet

Article by Shiven Chudasama

Burnout, Stress, and Situations Faced by Law Students

The study of Law undeniably belongs to one of the most difficult and demanding fields. The volume of material that needs to be processed is enormous. Students are aware of this, but they do not always manage to cope with it.

Therefore, during the three or four years at universities in the United Kingdom, support from schools in the form of applying for mitigating circumstances for exams is possible, and most institutions also provide assistance through student well-being departments.

The findings from the Junior Lawyers Division’s latest resilience and wellbeing survey, led by Kayleigh Leonie, are alarming. The report reveals that 93.5% of respondents experienced stress in their roles within the last month, with almost 25% facing severe or extreme stress levels.

Additionally, 34.5% reported that work-related stress negatively impacted their physical health, causing symptoms like sickness and chest pains. Most troubling is that 6.4% of junior lawyers had suicidal thoughts in the month before the survey. These statistics highlight significant issues within the legal industry that demand attention.

Studies are often just the beginning and preparation for a real legal career, and the stress encountered is only a foretaste of what may await students in the future while practicing this profession. Additionally, the stress students experience is not solely due to overwork and an excess of material but also the highly competitive environment.

Therefore, it is essential to take care of one’s mental state and learn to work under stress during studies, as exposure to such demands and stress can be advantageous in shaping the character of a potential lawyer in the future. However, this requires professional support both in schools and in law firms.

Pressure in law school

The legal environment is inherently very competitive, as is evident even during studies. This is demonstrated by the requirement of most law firms to have first-class (1:1) and at least upper second-class (2:1) grades. Students are therefore under great pressure to achieve such grades to eventually apply for training contracts.

Applications always ask if there were any mitigating circumstances during their studies, but most students do everything to avoid such situations, often neglecting their mental health in the process, such as struggling with time management and prioritizing tasks. Support can be provided by well-being teams at universities or through sessions with a therapist via SFE (Student Finance England), but this is not yet widely promoted or implemented.

Mindfulness is the solution

In 2019, BPP planned to introduce “Lessons of Mindfulness,” where students would have the opportunity to learn stress management techniques from the beginning of their studies and know they could count on university support.

Additionally, in 2022, the USA started promoting “Mindful Lawyering: a Pilot Study on Mindfulness Training for Law Students” after conducting studies among law students, which revealed alarming results including depression, anxiety, and addiction to alcohol and drugs due to stress from studying.

Mindfulness, therefore, aims to teach students not only meditation and relaxation but also time management, work organization, and appropriate stress responses, resulting not only in positive mental health but also in improved efficiency and skills useful in the legal profession. It will also help create a work-life balance, which has recently been promoted by many law firms aware of how exhausting and demanding the work of a lawyer can be.

It is worth considering whether universities in the United Kingdom should promote such mandatory classes from the beginning of a student’s legal education. However, until this happens, students should know that in crisis situations, they can always turn to the well-being team at their universities, who do their best to support them, the GP (General Practitioner), and even SFE.

The support available today may seem inadequate or not promoted enough, but it is crucial to communicate that it is available in various forms and that any person feeling overwhelmed by law studies due to the excess of material, stress, or other reasons has many options to get help.

Conclusion

Law school presents a unique set of challenges that can lead to significant stress and burnout among students. The demanding workload, competitive environment, and pressure to achieve top grades can have a detrimental impact on mental well-being. While some support systems, like well-being teams and therapist sessions, exist, a lack of promotion and utilization hinders their effectiveness.

The potential benefits of mandatory mindfulness programs, like improved stress management and work-life balance, warrant serious consideration by universities. Ultimately, prioritising student mental health is not just about individual well-being; it is about fostering a generation of lawyers who are not only academically qualified but also resilient and able to thrive in a demanding profession.

Article by Malgorzata Kozak

Damaged goods

Legal Implications of the Red Sea Crisis on International Carriage Arrangements: Chapter 4

International commerce heavily relies on maritime transport, which handles 80% of global trade. The Red Sea crisis, a key bottleneck, affects 30% of the world’s container trade and 15% of all maritime trade, disrupting shipping routes, ports, merchants, shipowners, financial institutions, and consumers.

The crisis raises significant humanitarian, environmental, and security concerns, but this article concentrates on the commercial and legal challenges it presents. These include increased costs, contractual complexities, and liability issues.

Legal issues

Legally, the crisis prompts the potential invocation of force majeure clauses or contract frustration if carriers terminate agreements linked to the region, possibly excusing them from delay liabilities. Shipowners might seek indemnities for higher costs due to longer alternative routes.

Additionally, the crisis could spike insurance premiums for vessels and cargo, leading to disputes over cost distribution between carriers and merchants. This crisis compels shipowners to weigh safety against contractual duties within the crisis-afflicted Red Sea region.

The following questions are of legal importance:

1. Can shipowners deviate from the canal against contractual terms or refuse charterers orders to sail through the Suez Canal?
2. Can shipowners refuse to call at a nominated port located along the crisis impacted region?
3. Can Shipowners suspend, cancel or terminate contracts on the basis of the crisis?
4. Who assumes liability for damage to cargo or delay in delivery?

The article addresses the fourth question.

Liability for damage to cargo or delay in delivery

Determining where liability lies for damage to cargo is dependent on who is responsible for the safety and preservation of the goods.

CIF vs FOB contracts

In a CIF contract, based on general principles, the shipper (usually the seller) bears this responsibility till the goods are loaded on the vessel. The carrier’s responsibility for the cargo begins when the goods are loaded on board and ends when they are discharged at the destination port.

This means the carrier (shipowner) is liable for any loss or damage to the cargo that occurs during this timeframe. However, it has been held that where the cargo requires specific care beyond standard transportation practices, and the special care needed wasn’t communicated to the carrier and reflected in the contract, the carrier wouldn’t be liable for damage arising from a lack of such care.

In contrast, an FOB contract puts most of the risk on the buyer for the cargo’s safety during transit. The seller is responsible for the cargo until its loading onto the ship’s deck. Once loaded, the carrier has a limited duty of care for the cargo.

In Seabridge v Transit the court ruled the carrier wasn’t liable for potential damage during transport, as arranging insurance was the buyer’s obligation under the FOB contract. Nonetheless, the carrier is required to take reasonable care to prevent foreseeable damage to goods, and has been held liable for failing to take basic precautions to protect the cargo from foreseeable weather damage.

Specific clauses

Specific clauses in the carriage contract such as a “paramount clause” or “carriage at seller’s risk” plays a crucial role in determining the carrier’s responsibility. In The Julia – Comptoir d’Achat v Louis deRidder the “carriage at seller’s risk” clause on the bill of lading was interpreted to limit the carrier’s liability for negligence during carriage.

Whereas, in Slattery v Tradax the clause was interpreted to only exempt the carrier from liability for inherent vice (damage caused by the nature of the goods themselves). In sharp contrast, The Post Chaser underscored the carrier’s responsibility for proper care of the cargo during the voyage and held that the carrier was liable for failing to take reasonable measures to protect the cargo from foreseeable dangers, even with “carriage at seller’s risk” clause.

Moreso, the court in The Nea Felicity ruled that a paramount clause’s effectiveness lies in not conflicting with core principles of international rules. This highlights the evolving posture of English courts in narrowing the interpretation of specific contract terms that seeks to limit a carrier’s liability, in which case The Julia may be decided differently today.

Reasonable care

Generally, shipowners are required to exercise reasonable care to ensure that goods loaded on vessels do not suffer damage and are delivered on time. This corresponds with the carrier’s responsibility under Article III(1) Hague-Visby Rules and implied warranty, to make the vessel seaworthy before and at the beginning of voyage, and cannot be delegated or derogated from. This has been held to mean “the period from at least the beginning of the loading until the vessel starts on her voyage.”

Consequently, there is no continued duty on the owners to keep the vessel seaworthy throughout the voyage, unless express stated in the contract. Shipowners and their insurers bear the risk of cargo damage or general average expenses caused by a failure to exercise due diligence to make the vessel seaworthy. That remains the case where the unseaworthiness is caused by negligent management or navigation.

However, the limitation of the obligation to make the vessel seaworthy before or at the beginning of the voyage is not logically consistent with the obligation itself. Because, where damage due to unseaworthiness occurs to cargo at a later time, the obligation cannot be used to hold the shipowners liable.

Most negligent navigation will occur during the voyage rather than before it and so it is correct that the obligation extends beyond the beginning of voyage. It is argued that this responsibility should cover the whole voyage and not be limited to the commencement of voyage, on the reasoning that the condition of the vessel remains a significant factor in the performance of the contract beyond the commencement of voyage and should be kept seaworthy by its owners. As clarified in The Ardennes, seaworthiness is not just about the physical condition of the vessel but also encompasses the competence of the crew and the adequacy of equipment for the planned voyage.

Article IV(2), Hague and Hague-Visby rules, and Article 5(6) Hamburg rules, however, exempt carriers/shipowners from liability if the damage or delay resulted from hostilities, civil commotion or an act to save lives. Liability for any loss or damage, including delays, unless caused by their intentional misconduct, is limited. These rules can only apply where incorporated in the contract.

But as confirmed by Maxine Footwear, Article IV(2) exceptions will not apply to a causative breach of the carrier’s obligation to exercise due diligence to make the vessel seaworthy under Article III(1).

Limited liability

Shipowners also enjoy limited liability in claims to charterers and third parties under the Convention on Limitation of Liability for Maritime Claims 1976 (the LLMC Convention 1976) and its 1996 Protocol. Similar provision exists under Article IV(5) of the Hague and Hague-Visby Rules, and Article 6 of the Hamburg Rules.

However, the limit will not be applied where the carrier is shown to have been reckless or acted with intention to cause the loss or damage. The one-year time limit under Article III(6), Hague-Visby Rules may equally serve shipowners interest in relation to liability for goods. It is two-years under the Hamburg rules.

Conclusion

From the foregoing, we have expertly highlighted and examined the complex legal issues that critically affects shipowner’s interest in relation to the crisis. Shipowners are expected to focus on documented objective rerouting decisions, minimizing delays, and exploring solutions with merchants. Reviewing charterparties and ensuring clear amendments to mitigate losses are equally essential approaches in responding to the crisis. Standard clauses are helpful but should be adapted for each contract. Make timely and well-documented indemnity claims.

Article by Ebenezer Ajayi

The post The Future Lawyer Weekly Briefing – W/C 15th July 2024 appeared first on The Student Lawyer.

Reading time: three minutes 

Visiting the Supreme Court

I recently had the privilege of visiting the Supreme Court of the United Kingdom (UK) to observe the proceedings of a case, and it was fascinating to witness the law in action at the highest court in the UK. However, as I sat in the public seating area of the courtroom, I quickly realised that, as a profoundly deaf individual, I was unable to lipread the justices, advocates and solicitors from such a distance. This was exacerbated by the advocates and solicitors having their backs turned towards us as they spoke. Understandably, due to concerns over audio recording, using a live speech-to-text app was not a viable option. 

Challenges for deaf people in the courtroom

To my consternation, I found myself being unable to access the proceedings. It is important to note that this is not a criticism of the Supreme Court which has made significant efforts to make their courts as accessible as possible, even partnering with AccessAble to create a Detailed Access Guide. However, as I admired the layout of the beautiful courtroom, I wondered if the Supreme Court could consider implementing its own live speech-to-text programme in its courtrooms – an idea worth contemplating.

Read more about the legal rights of the D/deaf community: https://thestudentlawyer.com/2024/05/11/an-overview-of-the-legal-rights-of-the-d-deaf-community/

Current accessibility measures

The Supreme Court was the first in the UK to stream all cases live on their website meaning that all hearings of cases and their judicial proceedings have closed captions, allowing deaf people to access the information. However, as the Supreme Court pointed out themselves, ‘the information displayed in the closed captions may not be an accurate or complete record of proceedings and may not be relied upon as such’.  Moreover, this solution does not allow deaf people to experience the courtroom itself, which undoubtedly creates a feeling of ostracisation. 

While sign language interpreters can be used, there is often a shortage of Registered Sign Language Interpreters (RSLIs) and this is not a viable solution for deaf people who do not use British Sign Language (BSL) and instead rely on lipreading. The Supreme Court also provides portable induction loops, which help to improve audibility for those with hearing aids. Additionally, I found it very positive that the educational videos in the exhibition area had subtitles!

Introducing live subtitles in the courtroom would benefit not only deaf and hard-of-hearing people, but also other members of the public. For example, the complex legal terminology used in court can be confusing, and so subtitles as a backup would aid them in better understanding the proceedings, including for those for whom English is not their first language.

 In my recent article on legal inclusivity for the D/deaf community, I explored that in only 2022, BSL users were allowed to serve as jurors for the first time in British history. This goes on to highlight how the legal landscape is making important strides towards achieving equality for deaf people but much work remains to be done.

Read more about whether the legal profession is fit for those with disabilities: https://thestudentlawyer.com/2024/05/01/is-the-legal-profession-fit-for-people-with-disabilities/

Wider accessibility issues in the legal system

The Supreme Court plays a pivotal role in the interpretation and application of the law, as well as the development of the British legal system. The decisions that they make have an impact on our lives directly and indirectly. This is why every member of British society has the right to attend cases and observe judicial proceedings. The Supreme Court has made commendable efforts to improve accessibility with hearing loops and captioned videos, but I believe they could further improve by providing a live speech-to-text programme in the courtrooms. 

Whilst the Supreme Court is making strides, many other courts remain inaccessible. A study in 2021 found that only 2% of Britain’s civil and criminal courthouses are fully accessible for those with disabilities. It is incumbent on the legal system to make the courtrooms more accessible for the disabled community. Often, inaccessibility stems from a lack of awareness which is why it is vital that we help bring this issue to light and pave the way for a more accessible future.

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