Legal Practice Notes

Practice Note on Unconscious Bias This Practice Note provides guidance for law firms on unconscious bias, including what it is, how it can affect diversity and inclusion ( D& I), and ways it can be tackled. Further information on D& I can be found in the following Practice Notes: Diversity monitoring—law firms Attracting diverse talent—law firms Retaining diverse talent—law firms What is unconscious bias? How people think is shaped by their socialisation, life experiences and exposure to others’ perspectives. At times, individuals hold preferences, beliefs or views about others that are not accurate or reasonable; this is unconscious bias. Such bias influences a person’s judgement, behaviour and perceptions. Each of us has a distinctive set of experiences from which we form our values—eg what matters in life, work and our beliefs. This creates a personal sense of what feels familiar, and therefore...

Understanding the IP portfolio Effective stewardship of an IP portfolio is vital to protect and enhance the worth of a business’s intangible assets. A well-structured portfolio enables right holders to pinpoint and safeguard core assets, advance commercial aims, and limit legal and financial risk. This Practice Note offers practical guidance for UK right holders and their advisers on running an IP portfolio efficiently. It spans legal compliance (keeping rights valid, current and accurately recorded) and strategic management (aligning IP protection with business goals). What is an IP portfolio? An IP portfolio is the collective set of registered and unregistered IP rights an organisation owns, holds under licence or otherwise controls. It functions as both a legal architecture and a commercial asset base that can generate income, attract investment and deliver competitive advantage. Portfolio management involves systematically recording, protecting, monitoring and exploiting these rights to ensure they...

In construction projects, the contractor’s contractual link under the building contract exists solely with the employer. Yet, on most schemes, other third parties will have an interest in the contract terms, the way the works are undertaken and/or the end-product. These parties ordinarily lack any contractual nexus with the contractor and, if they incur loss arising from the contractor’s act or omission, they cannot claim damages for breach of contract. Consequently, both such third parties and the employer will want their interests in the works protected so that, should loss be suffered, there is a viable route to redress... This Practice Note considers the third parties typically involved in construction projects and the common mechanisms used to protect their interests. It also examines how an employer can seek to pass down, within the building contract, obligations it has assumed under separate...

ARCHIVED : This Practice Note has been archived and is not maintained . This Practice Note serves as a launch point to help firms plan and carry out a London Interbank Offered Rate ( LIBOR) transition project. It sets out the FCA’s part in the LIBOR switch and how it is supporting firms’ preparations, then examines in greater depth the principal issues raised by UK regulators. This is followed by a checklist highlighting key LIBOR impact areas that firms must review and address, together with points to weigh when doing so. It should be treated as a foundation and read in the context of each firm’s operations and LIBOR exposures, and tailored and adjusted accordingly. Practice Note: LIBOR transition [ Archived] offers a broader outline of the matters around LIBOR transition, plus explanations of commonly used terms. The LIBOR...

When an organisation is compelled to make significant redundancies, attention quite rightly centres on those losing their positions. Yet, once the dust settles, focus must also shift to colleagues who remain after the cuts and may be navigating a broad mix of emotions. This Practice Note explains how to identify and manage survivor syndrome within your team. We will explore: what is survivor syndrome? how different people might react how it affects the organisation what the causes are what the remedies are at an organisational level what the remedies are at a local management level What is survivor syndrome? This term captures the range of negative responses often felt by people whose roles remain after a redundancy programme. Comparable feelings have been noted among those who live through other traumatic events and, although some may believe employees who keep their jobs...

THIS PRACTICE NOTE APPLIES IN RELATION TO DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMES This Practice Note sets out approaches for addressing a section 75 debt in the context of a transaction, with particular emphasis on multi-employer schemes where a range of options may exist. It also outlines considerations connected to the Pensions Regulator's clearance process and the notifiable events regime. For trustee-focused considerations when deciding how a section 75 debt should be managed on an employment cessation event, see Practice Note: employment cessation events—trustee decision-making process. For matters specific to section 75 debts triggered during a group reorganisation, see Practice Note: Intra-group reorganisations and pensions. Determining whether a section 75 debt will be triggered Section 75 debt triggers A section 75 debt (often called an 'employer debt') may become payable by the employer of a defined benefit occupational pension scheme where: the scheme is a...

THIS PRACTICE NOTE APPLIES IN RELATION TO DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMES This Practice Note explores the different approaches available that can be used to address a section 75 debt, with a particular focus on multi-employer schemes. It also considers any potential clearance matters and notifiable event issues that might arise. For trustee-specific considerations when determining how best to handle a section 75 debt on an employment cessation event, see Practice Note: Employment cessation events—trustee decision-making process. For any issues particular to a section 75 debt triggered in the context of a transaction, see the Practice Note: How to deal with a section 75 debt on a corporate transaction. For matters specific to section 75 debts arising from a group reorganisation, see the Practice Note: Intra-group reorganisations and pensions......

This Practice Note summarises the requirements of the SRA Accounts Rules 2019, in force from 25 November 2019, concerning residual balances. It also mirrors the SRA’s mandatory Statement on the prescribed circumstances in which you may withdraw client money from a client account to donate to a charity of your choosing. See also Practice Note: How to manage a residual balances project. Suggested procedures for dealing with residual balances are outlined in the following Precedents: Accounts manual for accounts or finance team—law firms; and Accounts manual for staff—law firms. See also Precedents: Residual balance record; Residual balances register; Residual balance—monitoring review. What is a residual balance? Firms commonly hold funds for clients—this is client money (see below: Definition of client money). Typically, client money is used in delivering the matter or returned to the client. However, this does not always occur and, in some cases, funds...

Many managers worry about leading teams they do not see face to face on a regular basis, yet countless success stories show that remote teams can deliver very high levels of productivity. In short, not seeing people every day does not prevent strong performance. What follows highlights the key areas to focus on. This Practice Note looks at: getting the basics right finding the right balance for keeping in touch building team bonds agreeing a flexible way of working managing by task rather than time setting goals and measuring outcomes supervision versus micro-management points to consider when running virtual one-to-ones (121s) or handling difficult conversations, and agreeing suitable boundaries Getting the basics right The most common mistake many managers make when managing remote teams is the belief that it is the same as leading a group who work side by side in the same office environment. It is not the same. The...

Introduction It is an unfortunate reality that, in many personal injury matters, particularly those involving the most catastrophic injuries, the injured person has lost or will lose the ability to manage their own affairs. In numerous instances, they also lack the capacity to appoint an attorney to act on their behalf or to set up a personal injury trust themselves. The involvement of the Court of Protection ( COP) will usually be required in such situations. The court (either the COP or the court dealing with the personal injury claim) may need to determine whether to approve the creation of a personal injury trust or the appointment of a deputy. It should be emphasised that, even where an Enduring or Lasting Power of Attorney exists, the appointed attorney(s) do not have the authority to create a trust to hold any award without the court...

This Practice Note explains how the SRA’s regulatory framework applies to firms that interact with online review platforms and comparison websites. The SRA’s guidance overlaps considerably—unsurprising, as some comparison sites also allow users to post reviews. It does not offer views on the pros and cons of using reviews and/or comparison sites, although the SRA appears keen to share data and insights on the advantages of doing so—see: SRA, Customer reviews and comparison websites SRA, Online reviews: How to engage with them, Why engage with online reviews SRA, Comparison websites: How to use them effectively Online reviews Replying to online reviews is a prime chance to: demonstrate you value client feedback underline your high-quality, personalised service bring to the fore features of your firm that may not be immediately apparent to new...

This Practice Note highlights considerations when working with a litigant in person in family proceedings, spanning procedural obligations, practical guidance, and compliance with the Solicitors Regulation Authority ( SRA) Standards and Regulations, and related practice considerations for parties alike. It also summarises The Law Society’s guidance on litigants in person and identifies resources that could assist a party appearing in person. Following reforms to the scope of legal aid brought about by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ( LASPOA 2012) in 2013, the number of litigants in person involved in family proceedings has risen—see Practice Note: Eligibility for family legal aid— Availability of legal aid......

As with any other function in an organisation, a legal team creates value by matching the right resources to the right tasks at the right cost. A rising number of technology tools claim to help in-house teams handle growing workloads more effectively, for instance by standardising and automating routine matters, allocating and prioritising tasks, and tracking key deadlines. Sales narratives also suggest that moving administrative activity to software enables in-house lawyers to concentrate on strategic work that drives value and influences profitability, such as managing risk and retaining work internally that might otherwise be sent to external counsel. Although efficiency gains, tighter cost control, streamlined workflows and enhanced productivity can be delivered in various ways, persuading your board that a significant outlay on legal technology is essential may still be challenging. A rigorous review of, together with evidence for, the most...

An ideal world or fantasy? This Practice Note offers practical advice and pointers for in-house counsel to raise quality, productivity (through improved coordination of work effort and resourcing), plus transparency within their legal teams right across the board......

This Practice Note examines how high inflation affects defined benefit ( DB) and defined contribution ( DC) pension schemes and sets out actions trustees should consider taking. Impact for defined contribution ( DC) schemes For DC arrangements, high inflation places a greater burden on members than on trustees or the scheme provider. The main effect is on retirement income—for the following reasons: active and deferred members — where contributions are expressed as a percentage of pay, their real value can diminish if a member’s salary is not increased in line with inflation over time. Furthermore, unless investment returns broadly keep pace with price rises, the projected retirement income of members still building their pension pots will be negatively affected. This may lead some members to postpone their planned retirement date members approaching retirement — such members typically switch to lower-risk investment strategies, for example bonds and cash...

An organisation has an obligation to manage health and safety risks across its workplace in an effective, efficient manner. This Practice Note offers guidance on organising and securing health and safety at work. It addresses the requirements for office-based workplaces. Different working environments may attract additional, sector- or workplace-specific requirements. For information about regulatory requirements relevant to workplace safety, see Practice Note: Health and safety in the workplace—regulatory requirements. What are the organisation’s workplaces? The organisation’s own premises, including office space and any other areas from which it delivers its services. Other locations from which it provides services or goods, such as outreach or voluntary centres. Shared workspaces with other businesses; for example, serviced offices with communal reception, toilet and kitchen areas. In such circumstances, some communal protection measures may already be in place and/or the...

This Practice Note Examines the practical difficulties of global supply chains and the commercial lawyer’s role in building a resilient supply chain for a business. It reviews supply chain risk and the suite of tools available to lawyers to mitigate those risks, including assessing and managing partner risk, controlling risk through supply chain contracts, and supplementary approaches to risk management, as well as other methods for managing risk. Effective risk management in supply chains demands insight into both operational realities and the legal obligations that apply wherever a company’s direct and indirect suppliers operate. The increasingly global nature of manufacturing supply chains raises even further the difficulty of managing risk and amplifies the consequences of failure. This is compounded by uncertain geopolitical and financial landscapes across jurisdictions that disturb harmonious conditions between markets, as shown in 2025 by the US imposing tariffs on certain global...

Across law firms and in-house legal teams, generational diversity has never been greater, spanning early-career entrants through to long-established experts. Veteran practitioners, newly qualified solicitors and trainees now collaborate daily, working side by side as multiple age groups contribute a broad blend of viewpoints, capabilities and expectations. By recognising these generational contrasts, you can pinpoint each cohort’s values, preferred ways of communicating and working, and harness this insight to build teams that are more effective, cohesive and inclusive across the workplace. In this practice note we will cover: an overview of generational cohorts core distinctions from one generation to the next how these differences affect the legal workplace approaches for managing generational differences a case study review a look ahead Overview of generational cohorts No one should be assessed solely by their year of birth. In this Practice Note, our goal is to...

This Practice Note sets out guidance on managing financial risk. It aligns with the SRA Standards and Regulations 2019 and outlines commonly used financial risk tools. The duty to monitor financial stability and business viability You must: proactively monitor your financial stability and business viability—and, once you become aware that you will cease to operate, carry out an orderly wind-down of your activities identify, track and manage all material risks to your business, including those that may arise from connected practices The SRA does not prescribe how this should be achieved. In practice, the level of resource devoted to financial risk management will differ between firms and depend on factors such as firm size and current financial resilience. For example, a practice that relies heavily on bank borrowings may allocate substantial resources to establish financial risk systems and review them at regular...

This Practice Note explains approaches for handling relentless client demands for fee reductions. It outlines inventive fee structures and considers how solicitors can develop greater confidence when negotiating charges. Providing creative fee arrangements instead of greater discounts Crucially, a creative fee arrangement is not simply a steeper discount. A creative price should advantage the client and also benefit the solicitor. If it favours only one side, it is unlikely to endure in the longer term. Balance is critical; where one side bears all the compromise, the model will falter. Much legal commentary suggests clients dislike time-based billing, as it can reward inefficiency. Nonetheless, some matters may still suit time-based fees as the fairest option for both parties, for example where the amount of work required is uncertain. When the likely workload is unclear, paying for time can appear the most even-handed solution for both client and...