This article authored by our Family Department Partner Priya Dhokia, appeared in the Autumn issue of the Bill of Middlesex Law Society

Women currently represent just over half of practising solicitors in England and Wales*. Yet according to data** collected by the SRA in 2017, only 37% of partners in mid-size law firms are female (and only 21% of all lawyers are from BAME backgrounds).

So why is it that the profession continues to be dominated by men in leadership roles?

There are in my view two main issues which I would label NATURE and CULTURE.

Looking at NATURE first, many women take a career break to have children at which point they either decide to return to work after maternity leave with the requirement of flexible working (which is not always granted) or they decide to leave the profession altogether.

These days many women are very career orientated, often having children later in life, because they wish to establish a level of seniority prior to having any childcare responsibilities. But in doing so they also run the risk of limiting their career prospects, by being overly cautious about when they become partners, routinely delaying taking on additional responsibility until after they have children – which is of course, entirely understandable.

Which leads to the issue of CULTURE, where I see three main challenges faced by female lawyers:

1) Flexibility

Partnership is often seen as an “all or nothing” situation. Many lawyers still think that partners should work constantly from the office, thus sacrificing any real chance of a home or family life. This is particularly troubling for female lawyers who are trying to juggle motherhood with work, especially if they do no not have the appropriate support at home.

Despite flexible working hours becoming increasingly popular, there is still the belief that clients want their lawyers to be in the office all day, every day. However, this is not necessarily the case. There needs to be a shift in approach and an acceptance that clients are in favour of agile working.

These days, with the assistance of technology, much of our work can be done remotely, by telephone, email and even video conference calls, save for those occasions where it is necessary to be client facing or in court. Having said that, “flexible hours” for Civil cases are currently being piloted at Brentford County Court (and Family cases in Manchester) which means that one could sit from as early as 8am or until as late as 7pm. If the pilot scheme is rolled out nationwide, it will be even more difficult for those with childcare commitments, whether you are male or female, bearing in mind that it is likely result in longer working days once you take into account travel time, the conference with your client before any hearing or indeed the debrief afterwards.

2) Harassment

In 2018, the International Bar Association (IBA) and market research company Acritas conducted the largest-ever global survey on bullying and sexual harassment in the profession. Nearly 40% cent of women in the UK legal profession told researchers that they had been sexually harassed at work***. There is a clear gender imbalance which still exists.

Junior lawyers tend to work closely with their superiors, who are predominantly male, and are reliant on them for career progression. Often, female lawyers who have experienced some form of harassment, are reluctant to report it for fear of either losing their job or being denied a promotion.

A combination of feelings of inferiority and victimisation as a result of harassment, and the misconception that women are unworthy and incapable of making it to partnership are reasons for there being fewer female lawyers at partner level.

3) Masculine values

As mentioned above, the culture of those already in the profession needs to change. According to a Law Society survey, many women are put off by the “masculine shape of the law”. Sports evenings and socials that extend late into the evening tend to be less appealing to female lawyers than their male counterparts. In fact, the survey also showed that there are a number of women who admitted having progressed in their career by becoming “men-shaped women”. This way of living is only be sustainable for so long, leading many women to turn their back on a career in law altogether.

So, what is the way forward to encourage women to develop fulfilling careers in the legal profession?

Firstly, I believe that young, female lawyers need to see women in positions of seniority who can become role models. It is important for them to see that it is possible to be a mother at the same time as having a successful career. Senior female lawyers, particularly those in existing leadership roles, should take an active role in the career development and in mentoring those more junior. Such schemes should be encouraged within law firms. Where mentoring schemes do not currently exist within your firm, then either push to create one or seek out your own private arrangement.
With good mentoring, female lawyers can learn how to take more seats at the partnership table (if that is what they want). Of course, once you become a partner, you should have more flexibility as far as your working hours are concerned, allowing you to facilitate your childcare commitments. This makes the prospect of coming back to work post children, more manageable and consequently may assist with the retention of talented lawyers within the profession.

Secondly, not all women may want to become partners, so it is important that firms harness their talent and develop alternative career paths, with rewarding schemes encouraging specialist expertise and supporting agile working. Finding the right fit as far as your firm is concerned is therefore key.

Lastly women should consider the option of taking their fate and careers in their own hands by setting their own legal consultancies, working outside the traditionally rigid law firm structure.

That being said, the onus is on all members of the legal profession – men and women – to redress the balance and create a more inclusive and diversified environment where all talent will be able to flourish.

Source:
*https://www.lawsociety.org.uk/news/press-releases/historic-shift-as-women-outnumber-men-practising-as-solicitors/

**https://www.sra.org.uk/sra/equality-diversity/key-findings/law-firms-2017/ https://www.sra.org.uk/sra/equality-diversity/key-findings/law-firms-2017/

*** https://www.ibanet.org/bullying-and-sexual-harassment.aspx

A number of people will be relocating to Europe as a result of Brexit – some already have regardless of the 31st October outcome. Whether it is seen as an inevitable career move or an exciting adventure for mum, dad and the kids, beware! There could be family implications further down the line.

By residing in another country, you may be subject to the laws of that country with vastly different approaches to inheritance, matrimonial regimes and divorce.
Our Family department is currently dealing with many cases involving families in the process of moving to Europe. An article published in The Times of 24th September* titled ‘Brexit driving rise in custody battles, lawyers claim’ reports that ‘in the two years after the referendum in June 2016, the number of child arrangement orders increased by nearly 20 per cent’.
You need to plan well in advance of any move as a lot needs to be considered to make the transition as smooth as possible, especially when it comes to marriage and children. We have mentioned below some of the areas where you should seek advice.

Nuptial Agreements
There is often a misconception that nuptial agreements refer to ‘pre-nuptial’ agreements, entered into before marriage. However, they also include ‘post-nuptial’ agreements, entered into after the marriage has taken place. They are well worth considering as part of your plan to relocate.
Whilst they are not legally binding in England and Wales, the Court will uphold a nuptial agreement that is freely entered into by both parties where there is a full appreciation of its implications, unless it would not be fair to do so at the time of divorce. Entering into a carefully drafted nuptial agreement can provide you with certainty in the unfortunate event that your marriage breaks down.
You need to be aware that if you leave this to chance, then you could end up being subject to laws and concepts with which you are not familiar. But even if you do enter into a nuptial agreement in England and Wales, then you may need to take steps to have the agreement mirrored or perhaps even adapted to accommodate the local laws of the new country in which you are going to reside. In some countries, such as France or Denmark, English nuptial agreements will not necessarily be upheld, but you can also enter into a separate marriage contract in those countries, to comply with local laws. This is complex and it is therefore important that you take advice at a very early stage, as things will differ from country to country.

Divorce
Couples moving to Europe must be aware that they may be able to issue divorce proceedings in both England and the country of residence. It is important to understand the differences between countries and their approach to divorce. Issuing proceedings in one country may be more advantageous than the other, depending on your circumstances. If you can issue proceedings in both countries, then there may be a jurisdiction race at the time of the divorce. However, as mentioned above, you can avoid this by entering into a nuptial agreement and/or marriage contract, choosing which law you would prefer to apply to you, prior to relocation. Generally speaking, England is one of the more generous countries in which to get divorced. So, it is well worth checking before moving!

Children
For separated or divorced parents, a relocation could mean one parent applying to the court to relocate the children to Europe. If successful, it may cause difficulties, on a practical level, in seeing the children for the parent who is left behind in England.
Parents should be aware that if they relocate children to another country, then on divorce, decisions about the children will typically be heard by the country in which they are habitually resident.
According to the Times, EU nationals in Britain expressed concerns over whether UK court orders will be enforced in EU countries after Brexit, with the situation possibly made worse if there is no deal. Indeed, Britain would then be treated as any other foreign country and it would be more costly and difficult for judgements to be enforced.

Inheritance
It goes without saying that upon moving to another country, you should also seek advice in respect of your estate and how you intend for it to be distributed. You must be aware of the differences between countries in terms of inheritance laws and the various tax implications that might follow. It may be possible for you to choose English law to apply to your estate, depending on the country you move to. If you do not do anything about it, then you may end up with your estate being distributed differently to the way that you intended.

If you are considering a move to Europe – or any other country – then it would be best to take advice and review all the options.

Please do not hesitate to call Partner and Head of our Family Department, Priya Dhokia, on 020 7625 6003 or email her at p.dhokia@fgdlaw.co.uk

For Estate Planning and Inheritance Law queries, please contact Iain Monaghan at i.monaghan@fgdlaw.co.uk

* The Times – 24th September – https://www.thetimes.co.uk/article/brexit-driving-leap-in-custody-battles-lawyers-claim-qsj0mbpfd#

The buy-to-let market (BTL) has been impacted severely in recent years, but 2019 still provides opportunities for smart and savvy buyers to invest in the sector.

What made the sector attractive?

A long period of very low interest rates made property an attractive asset for private investors. As well as the rental income it generated, investors further valued the opportunity of seeing substantial capital increases in their properties making it a seemingly safe bet, thereby fuelling the growth of the buy-to-let market.

Doom and gloom

After this period of sustained growth the market took a turn for the worst. In 2016 the number of mortgages for BTL properties dropped by 13%, followed by an even steeper fall of 27% recorded in 2017.

A number of significant changes had a strong adverse impact on the BTL sector thus reducing demand for such properties.

A three per cent additional stamp duty charge was introduced, and lenders’ criteria and regulations became more stringent, making access to finance more difficult. With more red tape being added to the lending process this became a further hindrance upon landlords.

While BTL investors had come to expect considerable capital growth from their investments this was no longer guaranteed as the value of the housing market, particularly in London, began to decline.

A change was also introduced in the tax relief on buy-to-let mortgage payments. Before 2017, landlords could deduct the total interest paid from their taxes. This tax relief is slowly being phased out, and from April 2020 mortgage interest will no longer be deductible. Landlords will be able to claim a 20% tax credit on the interest paid, however those in higher tax brackets could then end up paying much more tax than before, as they’ll be paying a percentage of the total rental income rather than the rental income minus their yearly mortgage interest payments.

The result has been the departure of many of the smaller landlords who perhaps owned just one or two BTL properties.  With low growth rates and more paperwork, many simply sold up and found alternative investment vehicles.

What next?

As casual owners exit the sector, buy-to-let is becoming more professionalised, with investors adopting a more scrutinised approach to acquiring the right properties in the right areas, and getting them ready to rent within a limited time frame on a tight budget.

Despite no longer enjoying the capital growth of the last 20 years the income from investment in property would still hold appeal compared with investing in other assets

Higher stamp duty on second homes has had the desired effect of freeing up supply for new homeowners, with more first-time buyers getting on the housing ladder. However, there will always be a market for private rentals. Many millennials, for example, enjoy the flexibility of renting rather than buying, which allows them to make the most of career and travelling opportunities. This is likely to support the BTL sector in the longer-term.

In spite of tighter rules around lending – particularly for owners of four or more properties – specialist lenders are broadening access to finance for buy-to-let investors, offering more flexible terms than mainstream banks. Lenders typically look for rental income to cover 25-50% of mortgage payments, with larger deposits and high fees needed upfront.

The boom days may be over, but there is still life in the buy-to-let market, particularly for those who view it as a long-term investment rather than a quick and easy route to high returns. With the right financial backing, it can still prove profitable, but landlords have to pick carefully.

Do not hesitate to get in touch for an informal chat and discuss your buying/selling requirements.

Contact Gary Green at g.green@fgdlaw.co.uk on 020 7625 6003

Online conveyancing – really?
Incredibly people increasingly rely on the Internet to handle what is bound to be one of the biggest (if not the biggest) purchases of their life! The property team of this firm takes a firm and proud stand in bemoaning the advent of “conveyancing factories”. In these case management systems, a client is no more than a reference number within an allocated team, generally staffed and dealt with on a day to day basis by inexperienced personnel.

Time saving?
As a firm of old school Solicitors our hearts sink every time we receive a sales memorandum where the other side are using such a service. We now advise clients that the “quick deal” required will almost certainly not occur, no matter the stated intentions of the Seller/Buyer. Invariably these transactions take twice as long as they should to bring to a conclusion as there is rarely anyone competent or sufficiently aware of the case to talk to.

Quality control?
Responses to queries take forever; trying to have a telephone conversation with our opposite numbers is a thankless task. Even if you can get through to a “team member” that person needs to read the notes before being able to simply refer the matter on to the case handler, who in turn is generally too busy to speak with you. And if a client is buying a leasehold property rather than freehold, the problems multiply exponentially.

Cost saving?
Please remember that buying a property is not a simple paper shuffling exercise. Whilst we respect and understand that clients are price conscious, a few extra hundred pounds in conveyancing charges when acquiring what will most likely be your most expensive asset, will enable you to employ the services of an experienced qualified Solicitor. Someone to talk to who understands your needs, will do his/her utmost to achieve the sale and will communicate with you personally throughout what is well documented to be one of the most stressful periods of an adult’s life. Moving home ranks only behind death and divorce on the stress stakes.

Trust experience and the personal touch
A property purchase is, contrary to public opinion, an increasingly complex affair as there are a multitude of issues to consider. An experienced property Solicitor is, in our view, an absolute essential cog in that wheel, even more so where clients are buying or selling a leasehold flat or high premiums are involved. Personal service and experience are of paramount importance.

As the old expression goes “you pay for what you get”.

Buying or selling a property, do not hesitate to get in touch for an informal chat.
Contact Gary Green at g.green@fgdlaw.co.uk on 020 7625 6003

We have a new Prime Minister paving the way for a Halloween Brexit, deal or no-deal.

So, what are the potential implications for employers should the UK indeed leave the EU? Under EU Single Market Rules, freedom of movement is one of the guiding principles. If the UK does leave the EU, businesses will have to continue irrespective of whether or not there is a “deal”. Indeed, a number of businesses have already been gearing up for changes and setting up structures to minimise any damage arising from Brexit. Other businesses are planning to take advantage of the opportunities that will flow from the UK leaving the EU.

In general terms, whilst the US has flexible employment laws (weighted in favour of the employer) the EU is the opposite with the employees enjoying much wider protection. The UK seems to have a better balance sitting in the middle of the US and EU jurisdictions.

Post Brexit, businesses wanting to continue to trade within the EU will want to consider whether or not they can request (or require) employees to move their normal place of work elsewhere in the EU countries. We hear of bankers being moved to Paris /Frankfurt. But can employers lawfully do this and what rights do the employees have in objecting? The answer lies in how well the mobility clause in the contract of employment is drafted. Subject to reasonableness test, employers may well be able to insist on employees moving their base from London to the EU. However, if there is no mobility clause, an employee should be able to resist any request from an employer to move their normal place of work. An employer will have to incentivise the employee to move or possibly pay redundancy.

Employers should also give careful consideration to the jurisdiction clause in a contract of employment. For example, contracts of employment governed by German or French (rather than English) Law are generally more favourable for the employees.

So, do you run the risk of shooting yourself in the foot? It may well be that ‘Remain’ is better than ‘Leave’!

Do not hesitate to contact Raj Dhokia to discuss: at r.dhokia@fgdlaw.co.uk  or on 020 7625 6003.

One of the drawbacks of owning a flat or maisonette on a long lease is that as the term reduces it can impact on both value and saleability. Because of this, the law gives the leaseholder the right to extend their lease once they have owned the property for two years, as outlined in the Leasehold Reform, Housing and Urban Development Act 1993.

But beware of DIY! And of the 80-year rule! Read on…

The informal route, referred to above as DIY
Not really an option – unless you have a legal background, strong negotiating skills and know the landlord really well. You approach the landlord directly and negotiate the terms of the lease extension. The landlord is under no obligation to deal with you and is within his right to refuse to extend your lease or may try to impose whatever terms they like!!

The statutory route for leases with over 80 years to run
This option gives the right to add 90 years to what is left on the existing lease at a “peppercorn” ground rent. For example, if the present lease had 85 years left to run, the new extended lease would be for 175 years.
Check first if the other leaseholders would like to make a joint application to buy the freehold using the collective enfranchisement procedure provided for in the 1993 Act. You cannot apply to extend your lease while an application for collective enfranchisement is being considered. There is strength in numbers…
The landlord is entitled to a premium for extending the lease, based on a formula set out in the 1993 Act. The formal procedure is started by the service of the leaseholder’s Notice on the landlord and it then follows a prescribed route. You however need to make sure you are well prepared – if you fail to meet any of the requirements when asked, your application to extend the lease could be unsuccessful. You will be liable for the landlord’s reasonable, professional fees from the date you serve the leaseholder’s notice, whether or not your application is successful.

Lease with less than 80 years? The Marriage Value comes in
Marriage Value? This is the increase in the value of the property following the completion of the lease extension, reflecting the additional market value of the longer lease. There is a complex, prescribed way of calculating the Marriage Value. This is an area where the input of a valuer with local knowledge is of great importance to both parties in order to provide comparable evidence of the local market.

Whatever the number of years left on the existing lease – do not wait for the magic ‘80’ number if you can -, we can guide you through the complex process of getting a lease extension – do not hesitate to get in touch for an informal chat.

Contact Gary Green at g.green@fgdlaw.co.uk on 020 7625 6003.

Our Solicitor Apprenticeship Programme allows you to study for an LLB in Legal Practice and qualify as a Solicitor, whilst working in the office, without incurring any university fees.

Here is what our current Year 1 Solicitor Apprentice, Kiyah Joshi, has to say about life as a Solicitor Apprentice on the FGD Programme:

Why did you choose an apprenticeship rather than going to University?

Whilst I always knew that I wanted to go into Law, the ‘traditional’ route of University did not appeal to me. I felt that the FGD Solicitor Apprenticeship Programme would be a great fit for me in terms of the practical experience I would gain. At the end of the six-year programme I will have the benefit of various experiences in the work place, whilst still obtaining the same qualifications as someone who has followed the ‘traditional route’ and of course, without the debt!

How do you manage your work/study balance?

Both the Firm and The University of Law are great at ensuring I’m able to balance my time between work, study and life. I spend four days per week working in the office, receiving hands on training and exposure to a variety of cases and the Firm allocates the remaining day of the working week as my study day. I either spend my study day working at home or in the library at The University of Law Bloomsbury campus.

What type of work have you been doing as part of the FGD Apprenticeship Programme?

As part of my first six months at Freedman Green Dhokia, I have spent my ‘seat’ in the Family Department and have had exposure to a variety of different cases. I have been able to sit in on client meetings, liaise with clients, draft letters and have even been able to attend Court on a number of occasions. During the course of the FGD Apprenticeship Programme I will be able to gain experience in a variety of different areas such as: Property, Commercial, Litigation, Employment and Private Client.

Would you recommend the FGD Apprenticeship Programme?

If Law is something you want to purse, I would definitely recommend the FGD Solicitor Apprenticeship Programme. The Apprenticeship is an excellent career choice, as it is not just a short-term job, but rather, it is a route though which you can progress towards a long-term career in Law.  Throughout my time at the Firm, I have had a great amount of support and everybody in the firm is friendly and approachable. The hands-on experience you will gain is second to none, if you are an aspiring solicitor the FGD Apprenticeship Programme is certainly something I would recommend.

If you are interested in joining the FGD Solicitor Apprenticeship Programme, click here to find out more:

 FGD Solicitor Apprenticeship Programme

FGD Solicitor Apprenticeship Programme 

We are now offering you the opportunity to join the FGD Solicitor Apprenticeship Programme in association with the University of Law, Bloomsbury.

Our Solicitor Apprenticeship Programme allows you to study for an LLB in Legal Practice and qualify as a solicitor, whilst working in the office, without incurring university fees.

The course spans over a six-year period, during which you will spend four days per week working in the office, receiving hands on training and exposure to a variety of cases and transactions in different fields. The remaining day of the working week will be allocated to you as your study day. You can spend this day studying at home or in the library at the University of Law. In addition you will receive additional study days during assessment periods.

Programme Structure

You will spend the first four years of the six-year programme working towards achieving your LLB degree in Legal Practice.  Once you have passed all of your assessments, you will be awarded a Law degree by the University of Law.

You will also be required to build a portfolio evidencing the tasks you have completed at work, during the programme.

The course has been specifically designed to prepare you for the next phase of your training, the Solicitors Qualification Exams Stage 1 (SQE1). This is the first set of the Solicitors Regulation Authority exams, which you are required to pass in order to become a solicitor.

During the last two years of our programme, you will study further subjects and professional skills required to practise as a solicitor. This part of the course is designed to prepare you for the Solicitors Qualification Exams Stage 2 (SQE2), which is the second set of Solicitors Regulation Exams. Again you are required to pass these before you can qualify as a solicitor.

Salary & Benefits

You will earn a starting salary of £18,000, which will increase as you progress through the programme. In addition, you will receive a number of benefits, which includes a full contribution towards your course fees.

You will also be able to participate in regular firm related social events and activities.

Entry Requirements

You must have achieved at least BBB at A-Level (or equivalent), as well as 8 GCSE’s grades A*-C including English and Maths.

To Apply

Please send your CV and covering letter to info@fgdlaw.co.uk or send it to our HR Department:

HR Department, Freedman Green Dhokia, 105 Boundary Road, London, NW8 0RG

We are an equal opportunities Firm.

Find out more about Training Contract applications or careers at Freedman Green Dhokia here: Join Us

Alternatively, please telephone 020 7625 6003

Freedman Green Dhokia is pleased to announce the recent appointment of Jonah Michael, Associate Solicitor to our Property Department.

Jonah has particular expertise in Real Estate including:

Residential Property, specialising in the Disposals and Acquisitions of property, Lease Extensions, New Builds, Transfers of Equity, Remortgages, Property Litigation disputes, Licence to Alterations, Deed of Variations, and financing of all types of residential property as well as commercial lending including houses, flats and development sites for both individuals and Companies.

Jonah also acts for a number of high net worth and ultra-high net worth individuals in respect of both their personal homes and property portfolios.

For any queries in relation to Real Estate services please contact Jonah Michael by email at j.michael@fgdlaw.co.uk