Page 19 - Messenger Sep 2017

JMW family team campaign for progress on single parent surrogacy
Why artificial intelligence is gaining
pace in the legal profession and
Two fertility law special- ists at Manchester-based law firm JMW Solicitors are involved in the cam- paign to open up surro- gacy to single parents in England as Wales, with the legislation scheduled to be changed in 2018.
Cara Nuttall and Jo-Anna Jellings, who undertake complex surrogacy cases for clients across the country, are liaising with the Depart- ment for Health and other relevant agencies to make submissions about the pro- posed wording for the new legislation, to ensure that it can help as many prospec- tive parents as possible to secure legal parenthood.
Cara said: “Manchester is often at the forefront of sci- entific advances, and it is following pioneering re- search and treatment in the North West that many peo- ple have been able to ob- tain parenthood through any one of a growing num- ber of methods. It is ab- solutely appropriate that the city is also involved in cutting-edge legal develop- ments which allow them to do so”
As the law stands, only a couple can obtain a parental order to secure legal parenthood following a surrogacy arrangement. However, in late 2016, Sir James Mumby, the Presi- dent of the Family Division,
declared this incompatible with human rights, requir- ing a change in the law.
The legal status of a grow- ing number of children re- mains in limbo until the law has been changed. Fertility lawyers are calling for the changes to be made as soon as possible to bring such uncertainty for an end for all those involved.
Cara said it is important that the legal change is right and does everything it needs to, as well as being done as quickly as possible.
During a recent High Court case concerning just such an arrangement, the JMW family law team expressed concern that the proposed changes may not go far enough to cover everyone who may need to secure parenthood as a single per- son. They are now making submissions on the need for an all-inclusive interpreta- tion ahead of the Remedial Order being finalised.
The team at JMW hope the new law will end the misery of incomplete legal status for many, but they do stress there is still work to be done.
Cara said: “Whilst this change is a significant and a much-welcomed step for- ward, making a fundamen- tal and life-changing difference to these families,
shouldn’t be feared
News
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Cara Nuttall
the law will by no means be perfect.
“The law has always been drafted to play catch-up with significant scientific advances, and needs a more thorough overhaul to re- flect the increased use of surrogacy both following domestic and international arrangements. The team at JMW still see too many cases where the transfer of parenthood is far too com- plicated, or even impossi- ble, and that needs to change. We will continue to campaign for improve- ments in the law and are proud to show that the Manchester legal commu- nity is at the heart of push- ing boundaries for the development of family law to fit the modern age, in keeping with its diverse and visionary population.”
While artificial intelligence has been widely adopted in many industries, the legal sector has only started to re- alise its benefits over the past few years. And even then, this advanced tech- nology was the sole pre- serve of firms with vast resources – and deep pock- ets – but that all appears to be about to change. Firms in the region are increas- ingly realising the benefits that artificial intelligence presents to their practice. In fact Manchester based Aaron & Partners an- nounced the launch of AaronBot earlier this year – an innovative robot de- signed to replace underper- forming partners – demonstrating that the use of technology is gaining pace.
So what are the benefits that AI presents the legal profession? And should, as the media suggests, lawyers be fearful that the robots will soon replace their jobs? Fortunately for Manchester based legal professionals, a recent analysis conducted by our team here at Clayton Legal, revealed that most SME firms both recognise the importance of the use of AI, regard it as an opportu- nity to be embraced and do not feel threatened by its impact on their business.
In fact, one of the respon- dents to our research proj- ect, Andrew Kwan – solicitor advocate at Clear Law – commented, “This approach allows us some advantages including being agile within
a changing legal market. Therefore I can see the utili- sation of AI as being an op- portunity to deliver greater value to clients, both indi- viduals and businesses, by removing some of the ad- ministrative elements of the process.”
And it’s not only senior pro- fessionals who are experi- encing this optimism. Miriam Khan – a junior col- league of Khan at Clear Law, made the point that AI and human skill sets should complement each other rather than take opposing sides, “The profound pur- pose of AI is to save the need for time, cost and en- ergy on manual labour and increase efficiency. Why do a job that a computer can do for you?”
Clearly then, there appears to be a consensus that the use of AI can offer firms the chance to provide their clients a better service whilst also saving time. But what about the much hyped threat that technol- ogy poses to jobs? Our opinion is that while artifi- cial intelligence is certainly arriving at a rapid pace, it re- ally isn’t something to be feared. You only have to look at firms – such as Clif- ford Chance and Linklaters – that have been using AI for some time, to see that its use is very much about driv- ing efficiencies, rather than eradicating jobs. Artificial intelligence is becoming a priority for legal firms and the smaller practices that we spoke to are also hoping
to generate higher fees and ensure that processes can be and will be outsourced to machines.
For employers, this has huge benefits but it also of- fers their people more inter- esting work, making the workplace a more satisfying place to be in, in a market- place where retention is key. For legal professionals at all levels, the introduction of AI represents an opportunity to develop new skills, and for those who are open to change, to increase their value in the marketplace. The interpersonal and tech- nological skills required to adapt to the new AI infused working environment are likely to bring benefits to all that choose to engage with them. Rather than replacing jobs, then, AI offers profes- sionals the chance to diver- sify and learn new skills.
It seems clear that, while technology can replace many tasks, what it certainly can’t do is replace the human element. And as An- drew Kwan told us, ‘I do not see AI removing the ele- ments where you are a com- passionate human. You can’t remove this from a process and expect a great result for your client’ which sums up this sentiment very well.
For more information, or to speak to Clayton Legal about your recruitment needs, contact Lynn Sedg- wick on 01772 259 121 or visit www.clayton-legal.co.uk
European Union Financial Sanctions
Zia Ullah of Eversheds-Sutherland outlines the Regulations which came into force on 8th August 2017
You are warmly invited to
THE WOMEN IN the LAW ANNUAL DINNER 2018 AT
The Midland Hotel
16 Peter Street, Manchester, M60 2DS
on
Thursday 8th March 2018
Dress: Lounge Suits and Cocktail dresses if you wish.
Guest of Honour
The Rt. Hon. Lady Hale of Richmond, President of the Supreme Court Male and female colleagues in the legal profession are all invited.
£65 per person for members (£75 or £85 per person for non members of WItL)
If you would like to book a place email Lisa at womeninthelawuk@gmail.com Payment January 2018
Places only confirmed on receipt of payment prior to 25th Feb 2018.
Cheques payable to : “Women in the Law”
or payment preferable by BACS TRANSFER TO : Account name: Women in the Law
Bank: Santander
Account number: 090129
Sort code: 00295039
Reference: (please write your professional name) Or Book by Evenbrite.
On 8 August 2017, The Eu- ropean Union Financial Sanctions (Amendment of Information Provisions) Regulations 2017 (‘the Regulations’) came into force.
The Regulations expand the scope of the reporting obli- gations set out under the existing UK financial sanc- tions regimes to certain businesses and professions which now includes law firms. Prior to the Regula- tions coming into effect the reporting obligations only applied to ‘Relevant Institu- tions’, which in practical terms impacted regulated financial institutions. Under the Regulations, law firms and other impacted busi- nesses and professions will now commit a criminal of- fence if they fail to comply with the reporting obliga- tions as set out in the vari-
ous sanctions regimes. The reporting requirements are to inform HM Treasury if they know or have reason- able cause to suspect that a person has committed an offence under the relevant sanctions regulations or is a person who is the subject of an asset freeze.
Aside from lawyers, those businesses and professions affected include: trust or company service providers, estate agents, dealers in precious metals and stones, casinos, accountants and auditors. It should be noted that there is a potential legal professional privilege exemption to the reporting obligations under each sanctions regime.
This is a significant change to the UK sanctions regime. It comes at a time when the government has consulted
on further legislative amendments to the UK sanctions framework fo- cused upon the manner in which international sanc- tions are implemented by the UK, as a consequence of Brexit. Law firms and their compliance teams will now have to carefully monitor the potential involvement of parties subject to UK (and EU until Brexit) sanctions during the course of their retainer. Although there should be an ability to utilise the privilege exemp- tion, this will only apply in circumstances where a duty of confidentiality applies. Where such a duty does not arise, there will be an obli- gation upon lawyers to con- sider their disclosure obligations.
Zia Ullah Eversheds-Sutherland