What is HighStreetLawyer Workshare?

HighStreetLawyer.com is a support services organisation for small to medium law firms assisting them in a variety of areas including marketing, training, strategy, procurement and networking.

HSL Workshare is our exclusive social networking platform where member firms share ideas, problems, solutions and work. They can also promote their services and procure services from other firms and our preferred suppliers. Sign up for FREE to find out more

It’s where we deliver tips, advice and training to our member firms and it’s where our preferred suppliers promote their services.

·         one of the great things about something like HSL is that we can and hopefully will bounce ideas off each other, just as you would with colleagues in a large law firm.

            GH, Gateshead

·         it’s good sharing info and ideas on here. I'm also now in touch with a selection of people I trust.

RF, Sheffield

·         I hope to collaborate and work with you all on this excellent platform.
I'm a firm believer that there is more to be gained from sharing than having a silo mentality.

            MS, Welwyn Garden City

Connect with people

The more people you are connected with, the more people can see, like and comment on your posts.

Sending an invite is easy. Just click on the “connect” button.  Sending a short message to introduce yourself when you connect. Helps to build relationships and trust.

Join Groups

HSL Workshare is made up of groups. There are groups for different practice areas. These are OPEN groups. Anyone can join.

OPEN Groups are also used for the HSL Preferred suppliers. To keep the site free from blatant advertising, suppliers maintain groups where they discuss their products, services and any special offers.

Strategic groups are OPEN or CLOSED depending on their nature. To join a CLOSED group your membership of it must be relevant and approved by the site administrator.

Promote yourself

There are a number of ways to promote yourself and your law firm on HSL Workshare

Featured firm  - each week one firm is our featured firm, their content is publicised and commented on by others. They are promoted on all HSL social media accounts;  twitter, linked in, blog

Ambassadors – Ambassadors are responsible for maintaining activity in a specific group. This is a great way to steer discussions to topics that promote the work that you wish to attract

Your profile – keep your profile up to date and include a picture and contact details to make it easier for others to connect.

Keep sharing and growing the network

Invite colleagues in your firm to join the debate on HSL Workshare. Everyone in your firm is automatically whitelisted.

Invite trusted colleagues in other firms who can add value to our network. Their invite requires the approval from the site administrator so only invite GOOD law firms with people willing to share and contribute

To find out more join us in Manchester on 11 June at Old Trafford and hear from the founder of HighStreetLawyer.com Gary Yantin and a great line up of speakers, all focussed on helping small law firms thrive not just survive. 

http://www.highstlawyerservices.com/#!hsl-strategy-day-11-june-2014/c1q8o 

Supporting the staff at the Land Registry

Today for the first time since 1984, which is probably the first time for many of the people affected, the staff of HM Land Registry went on strike. Organised by the Public and Commercial Services Union, staff at the 14 regional offices of the Land Registry yesterday commenced two days of industrial action and picketing.

The PCSU and Land Registry staff are campaigning about the Government's two consultations regarding the future of the Land Registry. The consultation sought views on whether the Land Register should be split into a Service Delivery Company which performs the day to day commercial and administrative functions of the Land Registry and a separate Office of Chief Land Registrar providing a regulatory role. The consultation went on to consider whether the Service Delivery Company should be transferred to the private sector in whole or in part. In short, a privatisation of the Land Registry.

Land Registry staff, present and past, are opposed to these proposals. They fear job cuts and are concerned about the integrity of the Land Register and the data that it incorporates. Essentially details about every land purchase in England and Wales.

Many high street firms including members of HighStreetLawyer.com across the country are equally opposed to the proposals. But, they don't have the opportunity to go on strike or picket outside their offices. The most we can do is try to make people aware of the good work that the Land Registry does, the first class service it provides to front line conveyancers and in turn the house buying public. The changes, if implemented, will have far reaching implications for small law firms, leading to greater risk, higher professional insurance and ultimately higher fees for conveyancing. If you want to know more about this aspect ask your local law firm.

The irony of the Land Registry staff going on strike is that there will be very little, if any, noticeable effect of the action. This is because most of its work is carried out behind the scenes, post completion of transactions and it is a well run effective organisation. But, it seems they have little choice too if they want their views heard in Westminster. The consultations have now closed but your local high street law firm will be able to tell you how you can still get involved.

Listen to Gary Yantin MD of HighStreetLawyer on this morning's BBC Radio Leicester Show. Fast forward to about 2 hrs 7 minutes. http://www.bbc.co.uk/programmes/p01y9ht8 

Follow our Save the Land Registry campaign on facebook 

The Life of a Managing Partner in a High Street Law Firm

Last week on HighStreetLawyer Workshare, it was the turn of Sheffield law firm Lewis Francis Blackburn Bray to inform, educate, cajole and encourage the other HSL member firms as our featured law firm. In reality LFBB Solicitors don't need an excuse to post as Rich Francis, their managing partner, is an avid networker and contributor to our social networking platform.

However, he used the week to describe the multiple roles that he has managing his South Yorkshire law firm. At times, being managing partner of a small law firm is like a series of acronyms. Rich is COLP, COFA and MLRO. While he does have the option of sharing these roles with his colleagues (unlike sole practitioners who be default have to wear many hats) Rich has decided that he needs to fulfil these roles personally to ensure that he has full coverage of what is going on. The problem it creates, even in a relatively small firm, is whether there is enough time to do any fee earning work. Other solicitors in a similar quandary, contributed to the discussion , giving examples of what works for them.

In any business cash is king and law firms are no exception. Most firms still bill monthly leaving fee earners scrabbling around at the end of the month billing work that they could have billed earlier and already had the money in for. Rich questioned why this was and whether any firms had any methods to change it. A brave move maybe, considering all of the fee earners at Lewis Francis Blackburn Bray are registered on HSL Workshare and even have their own group for their own discussions. I look forward to seeing whether they institute any changes.

Rich also spoke about the special relationship between High Street firms and their clients, acknowledging that most firms greatest asset and marketing opportunity is their existing client base but do firms really know what makes clients tick, why they use that firm, what else they need and how to get them coming back or recommending to others. It's a discussion that started at the HSL Strategy Day in March and continues to bubble along amongst our member firms.

Where else does this level of debate take place between owners and managers of small law firms across the country? Members share ideas, strategy, work referrals and even humour (dubious). We even received an insight last week into one partner's wishful day dreaming about his Bank Holiday activities. Join us for FREE on HSL Workshare. Sign yourself up or contact me for more details. A short chat to make sure that you are the type of firm that will add value to our network and that we can add value to you is needed before we approve your application but we look forward to welcoming you. 

What happened at HSL's Strategy Day

Wednesday 12 March saw our first High Street Lawyer Strategy Day of 2014. Delegates came from Yorkshire, Devon, Cornwall. Essex, Wales and London. Ideas were shared, problems solved and the general theme from the short interview that I conducted with delegates was that the quality of the discussions was unlike anything available to the owners and staff of small law firms anywhere else. Our fay was kindly hosted by DUAL Asset Underwriting and we look forward to launching our next project with them very soon.

Our day started with an update on the Professional Indemnity Insurance market by Stephen Levey of St Giles. It was well reported last year that over 130 firms closed due to an inability to obtain insurance cover. The reality, we learned, is that many more firms may also have failed to report and the real situation could be far worse. With the closure of the assigned risks pool and concerns around rated versus unrated insurers the situation for small law firms is far from clear for this coming year. Resisting any crystal ball gazing for the coming year, Stephen instead gave practical advice to delegates about how to get the best possible PII deal.

The next session focussed on marketing on a shoestring budget, which for most small law firms typifies the double edged sword that they face daily. Spend time and money on marketing or do the work that you have in front of you. Spend no time or money on marketing and there will be very little work in front of you. Joe Reevy of Words 4 Business gave an insight into network marketing and how to work your existing contacts, turning them into advocates for your business to generate more work.

Neil Thorogood of Lloyds Bank told us how small law firms can keep their bank managers happy. It doesn't involve boozy lunches. It involves sensible business planning, strong financial management and honesty about any problems your business might face. Neil and his colleagues are all Lexcel qualified so they understand law firms and the multiple pressures that they face.

A COLP (Compliance Officer for Legal Practice) is expected to spend up to 30% of their time on compliance activities. How that leaves any time left for fee earning is not clear. What was clear from Stephen Madge's talk was that the regimes surrounding compliance for small law firms are of procedures and preparedness. Can your firm demonstrate that it has systems in place so that it has the confidence to show that it is compliant? Stephen and his colleagues at Principle 8 advise law firms of various sizes on compliance procedure.

Our delegates other benefit from the day was Networking. Although our members meet virtually on our online platform, nothing beats a face to face meet up. Here are some of the comments I received at the end of the day.

"I really enjoyed the HighStreetLawyer Strategy Day, there is a bright future for high street firms after what I heard today."

"...a community feel and a trading of ideas that you don't get at big events"

"the presentations were fantastic. I have a renewed energy and ideas for my business"

"Very illuminating and slightly frightening"

"very useful in respect of day to day practice" 

"Excellent day, met some interesting people"

"Fantastic to meet the people we connect with on HSL Workshare"

"Delighted we came here today"

Find out more about High Street Lawyer by joining us on HSL Workshare https://cloud.workshare.com/highstreetlawyer.com/signup?1

Small but perfectly planned - HSL Featured firm last week Blakeleys Solicitors

Simon Blakeley started planning setting up his own law firm more than 25 years ago. However, D Day was in 2006 when he opened the doors (figuratively) to Blakeleys Solicitors with no work , no clients but bags of enthusiasm. Simon learnt how to generate work from referrers who trusted and respected him and the work that he could produce. This story resonated with a number of other HSL Workshare members who have followed dreams to set up their own law firms. But being in practice on your own can be a lonely existence and Simon acknowledged that there are times when having others around to bounce ideas off, whether they be for legal opinions or for management questions is a luxury that many sole practitioners don't have. Being part of an online network, such as High Street Lawyer provides a community of like minded individuals happy to comment, support and discuss topics.

One area that Simon concentrated on during his week on HSL Workshare as featured firm was Marketing, building on the earlier discussions that had taken place in the forum. Simon proved that brand visibility works for his firm and his bright yellow signs in farmers fields have led to an increase in personal injury instructions, hopefully not because drivers were distracted though! A discussion of the marketing of wills and probate has led to the creation of a High Street Lawyer wills and probate group to consider marketing solutions for this difficult to market area of law.

Being a small firm means striking the appropriate balance between not turning work away and trying to do everything. Blakeleys appears to have got this balance right and Simon explained how his good advice, coupled with genuine interest has lead him to be instructed by other law firms in certain work areas, such as low velocity personal injury claims and alleged fraud against doctor cases, proving that despite above the line marketing and promotions, good leads come from building reputations.

Marketing, compliance and regulation are the key areas of the forthcoming HSL Strategy day on 12 March, being held in London. Attendees will hear from top speakers including Neil Throrogood of Lloyds Bank, Joe Reevy of Legal RSS, Stephen Madge of Principle 8 and Gary Yantin of HSL. As with all HSL events, there will no doubt also be an opportunity to consider a bunch of other issues pertinent to the owners and managers of small law firms. Full details and how to book are here. 

Featured Firm of the Week - Watson Legal - Living the dream

When you have always dreamt of running your own law firm you don't want it to become a nightmare. Sarah Jones of Watson Legal in Bishops Stortford is living the dream. Sarah set up Watson Legal in September 2013 in serviced offices and is already looking at expanding into larger premises and adding more areas of practice to her firm.

Watson Legal deals with litigation, conveyancing, will disputes, inheritance claims, property disputes, commercial law and employment. Sarah is also a mediator and used her time as Featured Firm on High Street Lawyer to discuss the benefits that mediation can bring to a case.

Watson Legal is a new firm and Sarah shared aspects of her business plan and aspirations for the future. As a result, she received valuable feedback from other law firm sole practitioners and senior partners who have been there and done it.

Sarah questioned the audience on HSL Workshare about growth in law firms, observing that while some were satisfied in standing still, the reality of doing nothing to push your business forward can actually result in in going backwards. Taking yourself out of your comfort zone and attending networking events, organising lectures and connecting with local businesses are some of the ideas Sarah has planned for this year.

HighStreetLawyer is a support services business whose aim is to help small law firms flourish through a combination of outsourcing, collaboration and sharing. HSL Workshare is our unique platform for connecting all of our members all the time in real time. On 12 March our HSL Member firms and other interested  like minded law firm owners and senior solicitors will come together for a CPD accredited strategy day. Hosted by DUAL Asset Underwriters we will discuss marketing, insurance, banking and compliance. As always, we expect more ideas will be shared than we have anticipated and our participants go away with far more than the cost of the day. Check out the full programme and book your place. Places are strictly limited so please contact us to reserve your place. 

Featured Firm of the Week - Hutharts Law Firm Gateshead

Read most LinkedIn discussions about law firm marketing and the majority of the people involved in the discussion are marketing consultants. They may have been lawyers once too but switched from the practice of law to dispensing marketing advice to law firms. If small law firms followed all of the advice given out by marketing consultants, there would be little time left for the practice of law.

Our HSL member firms benefited this week from the marketing strategy and insights of our Featured Firm. Gillian Huthart, principal of Hutharts Law Firm of Gateshead not only told us what she had tried that worked but also what she had tried that didn't work. Gillian proved that she is not closed to trying new ideas to bring work into her firm, but that she has an acute awareness of when a strategy has not worked and it is time to move on.

One of the themes of Gillian's marketing efforts is availability. If you want people to use your law firm you have to be there for them, whether that is attending networking events at unsocial hours, opening outside of office hours so that working clients (most of them) can see you or using any spare time to call your clients and contacts to find out how their business is going and remind them that you and your business still exists.

Gillian Huthart's insights elicited one of the longest discussion threads we have seen on HSL Workshare but you'll have to sign up (for FREE) to see it in detail. It was described by one user as "the thread of the week".

Gillian extended her marketing strategy later in the week to discuss the benefits of pro bono work. Aside from the obligation some lawyers feel to give back to the community and the inherent feel good factor of helping others, Gillian revealed that her pro bono efforts of helping set up  charities and guide them though legal issues has led to lucrative commercial work as a result.

A real example of getting back more than you put in. Exemplified further by the positive comments, new followers and even a work referral that Hutharts gained in the week that they were our featured firm.

Based in Gateshead but acting for clients from across the North east and further afield, Gillian and her team of freelance lawyers looking for a better work life balance, deal with all commercial, corporate, property, IP and IT legal issues.

Connect with Gillian and other like minded law firms at HSL Workshare. Or join us on 12 March in Central London for the HSL Strategy Day 

A Picture Paints a Thousand Words

If Law is a people business why do so many law firm websites use images of models not real people? 
I asked this question on a Linked In discussion a while back. The responses I got then are still valid now. 

One reader suggested that perhaps the real lawyers were too ugly to have their pictures on their site and models, even if it so obvious that they are not actually the lawyers that the client will deal with, represent a far better face of the law firm. 

Another contributor suggested it might have something to do with cost. Hiring a photographer, retouching the photos in Photoshop if necessary and then uploading them to your site all costs money and time. 

One commentator also pointed out that firms using stock images of people, instead of authentic ones, also often use standard pictures of skyline, blue clouds and chess pieces to show clear thinking, strategic excellence and other "buzz". However, he was quickly brought to task as his own LinkedIn picture is the avatar provided by LinkedIn for those users who haven't uploaded a picture. 

The web and social media is where your client base, actual and potential, as well as your peers and colleagues go to research you and your law firm. With so many solicitors bemoaning the fact that law is not a commodity but a profession where people connect with people, I find it surprising that so many are willing to hide behind fake images. Not to mention the damage using standard pictures can do for SEO (but more on that another time). 

Even on HSL Workshare, our own bespoke networking site for solicitors in small law firms, those users with a real picture have more connections and more activity than those still using the avatar. So, if you want to paint a picture of what you are like to do business with, start by taking a picture. 

PI, PII and Apple Pie - What happened on HighStreetLawyer Workshare last week?

Last week was our busiest ever on HSL Workshare. This is largely thanks to Mark Kiteley, the managing partner of South Coast law firm Kiteleys. Kiteleys were our featured firm of the week and it was Mark's job to start discussions each day on subjects that mattered to him. Some of these topics helped promote Mark's firm to the other 40 or so law firms on HSL Workshare while others demonstrated Mark's ideas on how he runs his practice. Not all of Mark's ideas were agreed with but it certainly generated a strong debate.

Mark started the week by telling us how Kiteleys has grown into a 7 office law firm by acquisition and cautious expansion, now with offices in Bournemouth, Southampton, Boscombe, Canford Cliffs, Ferndown and Wimborne. As a firm that carries out a fair amount of Personal Injury law, Mark pointed out the importance of diversification into other areas including property. He also let us in on a secret about how partner meetings are discussed at Kiteleys.

Later in the week the thorny issue of professional indemnity insurance cropped up. If the Law Society's consultation suggests that unrated insurers should not be allowed in the market, what effect will this have on small law firms. In light of more than 130 firms recently closing due to the inability to get insurance, surely as wide a market as possible is the best solution provided there are no commercial barriers?




Mark ended the week with a word of encouragement to clear out the clutter and keep a clean inbox. Good advice surely but not always so easy in practice.

Thanks to Mark Kiteley and all the others who commented this week. Work referrals were also shared between members but if you want to know more and join in the debate, promoting your work to other like minded lawyers then join us on HSL Workshare by clinking here and registering yourself.

Guest Blogs from our member Firms This Week

Sheffield Wills and Probate Solicitors Lewis Francis Blackburn Bray have posted a blog recently about Wills and what to do if you cant find one

http://www.lfbbsolicitors.co.uk/help-i-cant-find-my-parents-will/

Trident Solicitors of Hull specialise in Motoring and Traffic Law. Read their opinion piece about the Motoring lawyer from Scotland caught driving at 105 MPH on a motorway.

http://www.tridentsolicitors.co.uk/wordpress/105mph-and-he-still-cant-get-away/

Innovation is anything, but business as usual

I wasn't at this week's Legal Futures conference which is a shame as Neil Rose and his team always put on a good event with good speakers. I usually get the chance to catch up with a group of people who care passionately about the future of legal services even if very few of them are practising as lawyers but advising law firms on what to do. 

Luckily the twitter feed produced almost a running commentary to the Conference, entitled "2020 Vision", an attempt at predicting the future landscape, so I felt like I was following the flow of the event. What follows is my summary of the event as I saw it unfold in tweets. 

The overriding feeling is that, with the exception of Quality Solicitors, most of the brands and networks that appeared at earlier events were not present. I include HighStreetLawyer in that summary. We stayed away as our target audience of small law firms tend not to attend such conferences and our business model of targeting consumers has changed. However, new businesses attempting to mimic the arguable success of Quality Solicitors were present. Alex MIlls, of Apprentice fame. claimed that branding is everything and legal services are no exception. From my twitter communications I understand that he has 20-30 firms paying £600 per month. The Dynamo Legal site is undergoing maintenance so I will watch that space with interest. My cynicism tells me that he is unlikely to find that many firms willing to part with over £7,000 per year. 

The tweets I read about Quality Solicitors confused me further. Their newly promoted President and Founder Craig Holt appeared to claim both that "consistency of delivery of service is key" and that "it is the individual personality of the local member firms" that consumers value. Can consistency and individuality be delivered at the same time? 

Overseas brands continue to look at the UK market as a place ripe for investment. The latest is Jacoby and Meyers the largest consumer law firm in the US. Although they are hoping to build on the success of Slater and Gordon, their own Managing Attorney, Gabe MIller, admits that "it's not a given that we are going to succeed". 

Interesting models for law firm ownership were discussed by firms such as iSolicitor, Schillings and SAS Daniels. They all seem to understand the problems faced by the legal profession but, unless I missed something  which is possible, not having been at the event, nothing seemed to be truly innovative. 

So, for the time being at least, I will make two promises to myself; The first is to continue to build a network of small law firms who can collaborate on issues of importance to them and share strategy, ideas, problems and leads and to make sure that I attend Legal Future's next event in person. Reading the tweets is all well and good but nothing can make up for being there in person. 

For another view on the day, from someone who was there read http://www.conscious.co.uk/site/about/davidsblog/blogpost/Legal_Futures_2020_vision_conference.html

Don’t spend your money joining a legal brand – Four other things small law firms must do instead

When we established HighStreetLawyer.com we set out to do two things. To create a recognizable consumer brand for legal services and create a network of small local high street solicitor firms. We thought, following the introduction of the Legal Services Act and the liberalisation of the profession that both of these approaches were needed. We were wrong! The consumers of legal services whether private individuals or businesses do not want or need a unified legal brand. Legal services do not need to be provided by household names. The world is not ready for big brand law. What consumers want is good quality advice and assistance delivered locally at transparent prices in a consistent manner with a focus on great customer service.

More small law firms are finding it difficult to get insurance which will result in them going out of business by the end of this year. Other firms are being forced to close due to bad financial planning. Many firms don’t know where their next piece of work is coming from so instead of spending time on marketing to get more work, they cut costs even further making it difficult to service any work if it does come in. Work received from referral companies, if firms even receive any leads, is considered by many firms as low quality and many don’t even bother to return the calls, creating a downward spiral of externally referred work. None of these problems facing small law firms are new. They have just been brought into sharp focus because of the Legal Services Act, liberalization of the market and the changes in regulation and the insurance market.

With big brand law currently dead in the water, small law firms should be focusing on four key areas, to make sure that they are competitive in their local market.

Marketing to existing and potential client base – News of law firm closures and difficulties are filtering through to consumers. You had better remind your clients that your firm is still alive and kicking. Send them a newsletter, connect with them on social media, invite private clients in for a coffee and a free will review or organise a breakfast briefing on employment changes for your business clients. If you are not continuously marketing to your client base, someone else will.

Make sure your training and development is up to date – We all have to do CPD but make sure that you spend your time doing something that is going to add value to your practice. Focus on two areas in the next 12 months that you are going to become an expert on and find a training programme that can help you to achieve it. If you can’t find one, HighStreetLawyer will develop one for you. It’s essential to stay ahead of the game and proving expertise through knowledge is key.

Get the best deal on your outgoings – Cutting costs can only go so far before you have no more costs to cut if you are going to deliver a good quality service. Unfortunately, small law firms have very little buying power when it comes to supplies that they need on a recurring basis, even though most firms are buying the same set of services from a fairly small group of suppliers. Collaboration through a buying club can help save you money. It can even save your client money if the costs are a disbursement that you normally pass on, making you more competitive.

Revise your business plan or if you don’t have one, start one – Banks and insurers used to recommend that their law firm clients have a business plan that deals with business continuity, risk management, succession planning, financial management, business development and sustainability. Now, they are insisting on it. You don’t need a MBA to produce a decent business plan that helps you to highlight the area that your business needs to focus on in the short and medium term and to set some goals for the longer term. As your firm evolves, make sure your plan is up to date and still reflects your realistic aspirations.

Without the need to spend time and resources creating a brand that no one currently needs, we are devoting our attention to helping small law firms develop their own brand through marketing, stay competitive through training and procurement and run a strong business by having a relevant business plan and strategy. Email gary@highstreetlawyer.com to find out more. 

Introducing HighStreetLawyer Workshare

Law firms will survive the changes taking place in the legal profession by tackling the three key drivers for change as identified by Professor Richard Susskind in his latest book "Tomorrow's Lawyers An Introduction to Your Future". These are "the more for less challenge", "liberalisation" and "technology".

More for less - consumers of legal services want their services to be provided cheaper and there will always be someone willing to provide a cheaper service. How can small law firms provide services more efficiently without damaging profit margins? 

Liberalisation - the Legal Services Act has potentially opened up the legal market to new competition, which at first glance assists consumers. Can small law firms compete with the new market entrants? 

Technology - technological advances can come in a variety of guises. It may be consumer facing technology or back office technology.Either way it has to be available in a way that is efficient and drives bottom line benefits to small law firms. In other words, it has to be both affordable and effective. 

We have recently launched HSL Workshare as a response to these issues. HSL Workshare is a collaboration platform for our member firms and other invited users to share referrals with each other. They can also benefit from shared strategy groups and marketing and compliance advice. 

HSL Workshare is ideal for specialist firms looking for a network of larger firms to refer work to their specialist area. It is also suitable for firms looking for lawyers with expertise that they don't themselves have. even small full service firms will benefit from the strategic groups and the chance to network with other like minded individuals.   

We are looking for more users to help us test this platform over the next few months. With no ongoing obligation other than a few minutes of your time to load your profile and check your messages, HSL Workshare is an easy way of getting involved in the HSL brand as it continues to grow. Please contact me gary@highstreetlawyer.com or 02080902454 to arrange a 10 minute demo. 

2013 - A challenge ahead

2012 not only saw the first full year of the Legal Services Act and the launch of a number of new legal service providers but also the implementation of an entirely new compliance regime. 2013 brings the introduction of a ban on referral fees payable by lawyers to the introducers of work. We asked a select number of small law firms to participate in a survey at the end of December and the results have helped us to form our opinion on the challenges that face them for 2013. The survey is still available at http://www.surveymonkey.com/s/RWD77JF

Every firm has by now had to nominate it's COLP and COFA. Such compliance officers will have to deal with Outcomes Focussed Regulations. Where previously a set of hard and fast rules governed the compliance of law firms, partners now have to interpret guidelines and make judgements of their own decisions. It is unsurprising therefore that about 250 firms have not yet nominated their COLP/COFA before the 31 December deadline http://www.legalfutures.co.uk/latest-news/hundreds-delinquent-firms-move-closer-colpcofa-action. In our survey, half of our respondents informed us that they were taking on both the COLP and COFA role.

Each week seems to see the launch of a new marketing initiative for legal services. Google backed US company Rocket Lawyer launched in the final quarter of 2012 and it's rival Legal Zoom is also dipping its toes into the UK legal market. Various comparison sites now exist and there is now of course TV advertising of legal services.

In 2012, more firms joined the Law Society's Conveyancing Quality Scheme and various lenders have now made CQS accreditation a requirement for membership of their panel. Without CQS, firms will simply not be able to act for certain lenders. Over a third of firms we surveyed admitted that they had to turn work away this year as they were not on a certain panel. From April 1 this year, firms without CQS will not be permitted on Santander's panel. Of the firms we surveyed only 40% had received CQS accreditation, although a further 40% intended to apply.

100% of our respondents would consider applying for accreditation of a probate scheme if The Law Society were to introduce one. Although firms are not exactly embracing these schemes there is a reluctant acceptance that to protect their ability to work, firms will have to carefully consider membership of as many schemes as possible.

Small, successful high street firms who wish to remain as such need to use the coming year to capitalise on their strengths and remove the effect of their weaknesses. Ironically, the fundamental strength of being a small law firm is paradoxically also its weakness. Because of their size small law firms have great local knowledge, years of experience often having acted for families or businesses for many years and the potential to give great customer service and be very caring towards their clients. Conversely, their ability to compete in marketing terms with larger organisations is stymied, even ridiculed by their size. With the same compliance regime for every firm, regardless of size, small firms will use up a far higher proportion of potential fee earning time with management and compliance issues. Marketing budgets of small law firms are dwarfed by those of large new market entrants. The only effective way to counter such competition is for smaller firms to take advantage of some kind of collective marketing, deciding first on whether social media, TV or price comparison is the forum to attack.

Of our surveyed firms, almost 70% had a Twitter and a Linked In account. 60% are actively sending enewsletters and approximately 40% are still sending brochures. At this rate, there must be a huge amount of material being sent by small firms to potential customers. How do firms distinguish themselves, especially when a lot of the material is fairly generic?

My prediction for 2013 is that lots of small law firms will find the challenges too much to face and will look for the chance to be taken over or leave the market. Small law firms should focus this year on existing client bases and not blow in the wind trying to attract new clients. Getting to grips with the effect as well as the cost of compliance will also be a great benefit. My hope is that small law firms play to their strengths and realise the great head start that that they have on new market entrants but accept the fact that that reducing cost bases and outsourcing back office functions may be necessary and productive. My new years resolution is to work with the firms that wish to remain strong, profitable and competitive.

Gary Yantin 
Gary Yantin is the founder and Managing Director of HighStreetLawyer.com, the consumer facing legal brand and umbrella group for small high street law firms. 

Ssh! It’s a secret! The importance of a good NDA

If you have a NDA, HighStreetLawyer.com will review it for you for free and let you know if it is suitable for your purposes. The information contained within this article does not constitute legal advice.

Anyone who has seen the film “The Social Network” about the creation of Facebook will appreciate the importance of guarding a good secret and ascertaining where the idea originated. Billions of pounds can be at stake by not properly protecting your business’ sacred information. Just look at the Apple versus Samsung litigation to see the effect.

But what if you have you got a business idea that you need to discuss with other people? You may need to take soundings on the viability of your idea or start talking to potential backers. However, as paranoia seeps in that those you want to collaborate with may steal your amazing idea, your desire to communicate with them diminishes.

What can you do to ensure that you achieve maximum advantage from partnering with others without losing your shirt?

There are various pros and cons to asking potential partners to sign a Non Disclosure or Confidentiality Agreement (NDA). Which form to use and whether to use one at all will depend on many factors.

If you are passing sensitive or confidential data to someone for review purposes or for them to assess whether a business relationship should be pursued a simple NDA is all that is required. The main element of the NDA is to put the receiving party on notice that the information that they will receive is regarded as commercially sensitive. The agreement will stipulate who the information can be shared with; such as accountants and lawyers, how it should be stored and what should happen if the relationship does not proceed. Where most data is shared electronically, consider how likely it will be that the receiving party can properly protect your sensitive data and destroy it when the relationship is not to be pursued.

If the other party is also going to be sharing their information with you, a mutual NDA will be best so that both parties are subject to the same obligations. This may not be as strong as a one sided NDA but shows the other party that you can also abide by promises of confidentiality.

Very few ideas are entirely new and elements of your idea may already be known to the recipient or in the public domain. The NDA should clarify whether it covers sensitive information about your idea that the recipient may have seen elsewhere. They will not want to be responsible for keeping secret something which is already widely known.

Experienced investors, angel networks and private equity houses receive hundreds of pitches, many of which have a similar theme and possibly similarities with ideas that they may be developing themselves especially if they are already in your sector. Their ability to protect your information and keep it separate, physically and theoretically, from other ideas that they have seen is often impaired. Many such investors will not agree to be bound by NDA’s for this reason. A confidentiality notice or an undertaking in correspondence may be the best you will get. Whether you want to share information with a party that does not want to sign your NDA will be a delicate balance of how useful they may be to moving your idea to the next level.

Of course, the more your idea is shared the harder it gets to keep it a secret.

You should always

Keep good records of everyone who has seen your sensitive data,
Who has signed a NDA and whether they made any changes to it before signing it,
Number all documents that you send out to keep track of the data flying around and
Ask that any documents are returned to you if the matter does not proceed.
A NDA is a contract between two parties and is enforceable provided it is proportionate to the type of information being shared. Imposing huge sanctions on a receiving party for breaching the agreement are unlikely to be upheld.

Drafting a NDA needn’t cost a fortune and a good template or precedent can be easily modified for different scenarios.

Ultimately, the purpose of the NDA is to notify the other party that you are serious, that you care about what you are sending them and that it has commercial value. Whether your idea is a success will have to rely on a whole host of other factors.