Vanda James and Tom Quinn, both partners at Birketts LLP, join the latest Today's Family Lawyer to discuss the current sentiment around alternative and out of court dispute resolution.

Amongst the points up for discussion are

• Does out of court dispute resolution force people down a route that may ultimately end up in a more unfavourable settlement than they would get in court?
• Is the culture of family law changing in such a way that instead of court being the first option, ADR is now the first port of call
• How do we identify opportunities for private FDR
• What should the law commission come back with on their review of financial remedies

Both Tom and Vanda are advocates for out of court dispute resolution and acknowledge that although there are still lawyers out there who relish the adversarial nature of family, in general the culture is changing. Importantly, we are recognising the impact on parents and children, says Vanda, adding she personally finds the process more rewarding than going to court.

The changing culture has accelerated in part due to the impact of the COVID-19 pandemic, suggests Tom, which have exacerbated court delays and the inability to have cases heard.

On Private FDRs both in favour; there is, says Tom, a risk in the courts system the judge has simply not had chance to review the bundle, and/or the hearing is bumped out because of capacity issues.

Vanda agrees; the delays place people's lives on hold for months on end; speed is a huge factor in the success of private FDRs. There is also greater availability to choose the judge; more barristers want to do this work; and fees are coming down to a sensible level so it's more accessible.

The only thing we lose, says Tom, is the 'gravity' of going to court and having to sit in front of a judge; it focuses the mind and there is more pressure on parties to settle... but realistically we have no other option these days because of the delays.

Concluding the discussion Tom and Vanda share their thoughts on what the law commission should propose following their review of financial remedies.

There should be costs consequences for proposals put forward on a without prejudice basis; but on potential proposals to introduce more prescriptive legislation he's wary as the current discretionary process has huge benefits.

On the other hand, says Vanda, clients want and need certainty; the discretionary element is important but we could do more to create greater certainty in the process.

The Today's Family Lawyer podcast is available on your preferred podcast provider and at www.todaysfamilylawyer.co.uk.

Subscribe to Today's Family Lawyer to receive our FREE weekly newsletter, out every Thursday and listen in to the podcast to hear all the latest news and views from across the family law sector.

As one of the disruptors in the wake of the Legal Services Act 2007 QualitySolicitors (QS) was launched in 2009 with the ambition to help the high street fight back against the anticipated onslaught of major brands entering the legal market - so-called 'Tesco Law.'

QS grew rapidly, with firms up and down the country adopting the familiar black and pink branding, adding the name "QualitySolicitors" to their firm name to create greater brand recognition. In 2011 an investment of c.£100m saw Palamon Capital Partners take a majority stake in the group.

In the years since QS has remained steadfast in its support for the high street and, after a short stint as part of Metamorph, emerged relatively unscathed following a Management Buyout (MBO) in 2022.

On this latest Today's Family Lawyer Podcast, host David Opie welcomes CEO Richard Skelley and Chief Operating Officer Victoria Browning to discuss what's next for QS.

There is still much continuity; Victoria has been with the business since 2016 overseeing much of the work done to support firms with recruitment and business development, employer branding and conveyancing panel services. And equally there are breaks from the past; QS firms no longer need to rebrand their firm for example.

The business is now focused on 4 key principles, explains Richard. The QS Way: A Philosophy for Sustainable Growth covers People, Process & Procedures, Power of Many, and Profile - principles supported by continued to efforts to help firms through the QualitySolicitors consumer-facing website which still generates 1m hits annually.

And membership has been reviewed with a new tiered approach offering free, 'lite' and full options for firms. It is, says Richard, a much more flexible approach than previously.

We've kept the great bits QS had - we have over 100 sites across the country and still have clients that joined right at the start - and augmented it with a range new options based on member feedback, concludes Richard, adding we are always happy to talk to firms interested in learning more about how QS can support them in the growth ambitions.

The Today's Family Lawyer podcast is available on your preferred podcast provider and at www.todaysfamilylawyer.co.uk.

Subscribe to Today's Family Lawyer to receive our FREE weekly newsletter, out every Thursday and listen in to the podcast to hear all the latest news and views from across the family law sector.

The challenges of rising cost of living, wage growth, and getting on the property ladder has seen a significant increase in financial support offered by parents and grandparents to children.

1 in 3 first time buyers are cohabitees, and according to the Office for National Statistics figures there has been a 20% increase in the number of people not in marriages or civil partnership cohabiting since 2012; 5.4m people to 6.8m. It continues to be the fastest rising living arrangement.

Against this backdrop what happens when a cohabiting relationship breaks down, and parent/grandparents are concerned their financial support may end up in the hand of parties they don't want it to.

Kate Booth, Head of the Family Team at Brindley, Twist, Tafft & James Solicitors joins the Today's Family Lawyer podcast to discuss the issue, highlighting some of her recent work on the subject. She points to these often informal arrangements, whereby no discussion around repayment, or interest is considered, becoming a more formal concern in the event of a relationship breakdown, and/or sale of a property.

One of the main points of contention is whether the money is classed on separation as a gift or a loan. Kate also discusses the complications around hard and soft liabilities which can come into the matter as well.

In 2022, P v Q provides some pointers on how the courts might deal with debts and is a useful precedent when taking on such matters.

Kate explains in detail some of the considerations practitioners should account for when dealing with such maters in an informative and interesting discussion.

The Today's Family Lawyer podcast is available on your preferred podcast provider and at www.todaysfamilylawyer.co.uk.

Subscribe to Today's Family Lawyer to receive our FREE weekly newsletter, out every Thursday and listen in to the podcast to hear all the latest news and views from across the family law sector.

The latest Today's Family Lawyer Podcast explores the increasing importance of specialising in certain areas of the law and being regarded as an expert in your field.

Kim Lehal, Partner and Head of International Children at RWK Goodman, is one of just 49 accredited firms on the Ministry of Justice's Child Abduction: Accredited Solicitors Referral List. As such she is regarded as an expert in International Children matters specialising in international abduction, cross border adoption, surrogacy arrangements and other children matters.

She explains how important it is to be seen as the expert; how clients are far more sophisticated and looking for the best representation. They have access to greater information about their lawyers via the web which makes building credibility all the more important.

On a practical level, the constantly evolving nature of law means becoming expert in just a handful of areas is much more achievable; gone are the days of writing a client's will in the morning, and dealing with a divorce in the afternoon.

And alongside legal expertise, tactical and practical advice is important to the role of the family lawyer. Understanding how a situation might unfold and preparing for it.

It is critical, says Kim, the public have trust and confidence in us as lawyers. We should be personable, honest, and have confidence in our own abilities. It is a relationship with a client and therefore both client and lawyer need to comfortable working together.

In a fascinating discussion Kim shares how she came into family practice, how she began to specialise in children, and the importance senior lawyers play as mentors to junior practitioners.

The Today's Family Lawyer podcast is available on your preferred podcast provider and at www.todaysfamilylawyer.co.uk.

Subscribe to Today's Family Lawyer to receive our FREE weekly newsletter, out every Thursday and listen in to the podcast to hear all the latest news and views from across the family law sector.

Joining the latest Today's Family Lawyer Podcast is Dan Temple, an expert in acknowledging and understanding the human impact of working, and managing employees and businesses. The discussion centres on creating effective and high performing teams, and what steps law firms can, and should, be taking to enable this in their business.

Dan leads Cobalt Human Solutions, a training consultancy which focuses on creating effective teams, drawn from his own experiences in the Royal Air Force as part of the Chinook helicopter crew.

The podcast discusses how creating high performing teams requires a number of key elements. Dan describes how trust and accountability are paramount.

• There should be a clear objective and vision which can be communicated to the team
• Roles and responsibilities are clearly defined and people understand their own contribution to success
• Processes and procedures are in place that ensure the training is effective
• People have to have the ability to get on with others; they don't necessarily need to like one another, but there must be mutual respect

Ultimately, says Dan, the environment and culture of the workplace is where the success and failure of organisations is derived. He suggests that one of the key failings he identifies in many businesses is a blame culture; the inability of staff to be open, honest and appropriately challenge - what Dan describes as a "just culture." Staff are fearful of doing something wrong, rather than challenging management.

As well as root cause analysis, Dan encourages organisations to conduct "pre-mortems" - the idea being that you spend time identifying potential pitfalls in a plan and anticipate how you might deal with them should they arise.

And if you ever wanted to understand how the difference between egg mayonnaise and aircraft is relevant to leadership and management, listen in to this insightful and entertaining discussion.

The Today's Family Lawyer podcast is available on your preferred podcast provider and at www.todaysfamilylawyer.co.uk.

Subscribe to Today's Family Lawyer to receive our FREE weekly newsletter, out every Thursday and listen in to the podcast to hear all the latest news and views from across the family law sector.

Pre-nups, post-nups, separation agreements and cohabitation agreements are all part of the discussion on the latest Today's Family Lawyer podcast with Kathryn Cassells of Vaitilingam Kay Solicitors as we deep dive into this increasingly popular world.

As Kathryn quite rightly points out of course, nuptial agreements are not binding contracts in England and Wales and therefore the courts retain the discretion to impose an alternative outcome if it deems it to be more appropriate.

So why could/should we be encouraging our clients to draw up nuptial agreements?

In the first instance, although there is still judicial discretion, where agreements are presented to the courts, there is an increasingly acceptance of their inclusions with Kathyrn citing the Supreme Court decision of Rachmacher v Granatino, which outlined four key points of practice to note

• every party should have received independent legal advice
• there must be financial disclosure
• the agreement has to be entered into freely and more than 28 days before the wedding
• any agreement meet the financial needs of the parties

Needs, as Kathryn reminds us, is an elastic concept and therefore any agreement should account for the financial needs of the parties over the full duration of marriage, not just at the point of entering the agreement.

Other things that should be considered are issues around coercion, especially with the increasingly prevalent risk of domestic abuse and coercive and controlling behaviours; and drafting the nuptial agreement in such a way that it can flex with changing family circumstances and finances.

Ultimately says Kathryn, there is a misconception nuptial agreements are for footballers and the rich and famous and the reality is they are not.

The Today's Family Lawyer podcast is available on your preferred podcast provider and at www.todaysfamilylawyer.co.uk.

Subscribe to Today's Family Lawyer to receive our FREE weekly newsletter, out every Thursday and listen in to the podcast to hear all the latest news and views from across the family law sector.

Victoria Cannon joins the latest Today's Family Lawyer podcast to discuss her experiences of launching, running and ultimately exiting her family law practice. With a relatively unique journey into the profession, Victoria brings a range of life and personal experiences to her role now, as Head of the Family Team at Hugh James.

She talks about her decision to focus on family law and the challenges of setting up her own firm... the discussion covers regulatory and compliance, professional indemnity insurance, managing staff, business development, and much more.

Victoria explores the period of upheaval in legal services during which the introduction of the Legal Services Act and the associated deregulation of legal businesses had an impact; as did successive governments' falling investment in Legal Aid.

The discussion moves on to the importance of having senior leaders in the business who understand management and have business acumen; as lawyers we're not trained to be business people says Victoria, so we must learn it as part of our ongoing development.

And the podcast finishes with Victoria explaining how she began the process of deciding she was going to sell her firm in 2022 and what steps she took as part of that succession planning process.

What is clear throughout the discussion is Victoria's passions for the law and family legal services... but would she do it all again if she had the opportunity now... you'll have to listen in to find out!

The Today's Family Lawyer podcast is available on your preferred podcast provider and at www.todaysfamilylawyer.co.uk.

Subscribe to Today's Family Lawyer to receive our FREE weekly newsletter, out every Thursday and listen in to the podcast to hear all the latest news and views from across the family law sector.

The Solicitors Regulation Authority (SRA) has recently requested law firms complete an anti-money laundering and sanctions data collection exercise. The SRA is required by Office for Professional Body Anti-Money Laundering Supervision (OPBAS) to take a risk-based approach to supervision and is requesting firms complete the requested information as full as possible.

It will, they say enable them to "see the distribution of risk across the legal profession, which in turn informs our programme of inspections and our guidance."

The latest Today's Family Lawyer podcast welcomes Gavin Ball of HiveRisk to tackle the tricky topic of what firms need to be thinking about when it comes to completing the information, and wider considerations when it comes to firms' anti-money laundering policies, processes and procedures.

In 2024 alone law firms have been fine £200,000 directly relating to failures in their anti-money laundering and sanctions processes.

Gavin goes on to discuss the areas he sees firms failing on as a compliance specialist. He talks technology and how it can help firms with their compliance obligations but warns the key is understanding what the information is telling you... in their audits the SRA will challenge firms and staff to interpret reports provided through technology and how to interpret its content.

Gavin also discusses politically exposed persons (PEPs), sanctions, and how to deal with reporting suspicious activity (SARs) to the National Crime Agency (NCA) in this informative and insightful podcast.

The deadline for firms to complete the SRA form is by 13.00 on 23 September 2024.

The Today's Family Lawyer podcast is available on your preferred podcast provider and at www.todaysfamilylawyer.co.uk.

Subscribe to Today's Family Lawyer to receive our FREE weekly newsletter, out every Thursday and listen in to the podcast to hear all the latest news and views from across the family law sector.