Setting - a solicitors office Autumn 2007

Autorecbot: We need to reduce your SMP by £2K tomorrow is that OK?

Franchise Rep: No, could I see some paperwork first please, perhaps a financial statement?

Autorecbot: Er OK but we really do need to reduce your SMP

Franchise Rep: Fax me and I'll ring you back

Autorecbot: Fax coming through, oh and by the way we only need to reduce by £1K now

Franchise Rep: I'll get back to you.

Franchise Rep: Hello is that you Auto?

Ansafone: No it is his girlfriend Ansafone - he'll ring you back

Senior Autorecbot: Hello

Franchise Rep: Ah hello - you have miscalculated the situation in fact we are in credit with you and there is no possible justification for a reduction in the SMP

Senior Autorecbot: Yes you are right.

Franchise Rep: Why have you wasted my time in this way?

Senior Autorecbot: It is a bit time consuming isn't it (metallic chuckle)

Franchise Rep: Right good-bye then

Senior Autorecbot: Hang on, we still have concerns about your levels of billing so from next month we will only pay you the same amount as you report.

Franchise Rep: Eh?

Senior Autorecbot: I repeat - we still have concerns about your levels of billing so from next month we will only pay you the same amount as you report.

Franchise Rep: Please put that in writing. (Scratches head)

Music and fade to credits

The soundtrack is available here.

Transitional chaos, Autorecbot madness etc. etc. Sometimes words are just not enough:

Suggested by Steve.

My choice.

On legal advice from AK.

All dedicated to..... oh you know who!

New CDS contract and application packs available here.

More info on Civil Contract reporting released here.

You might want to note this guidance:

It is essential that you do not enter any data for October claims into the current version of LSC Online as this data will not be transferred into the new system and will therefore be lost. You can start entering your data for October into the new system from 5 November.

I do not have time vent my spleen with regard to this chaotic episode - I have wasted enough time on related issues already.

I have neither the energy, nor frankly the inclination, to do a lengthy post about the day I have had thanks to our Beneficent Robotic OverlordsTM.

To give a view of my mood however I can tell you that my evening will involve the following two therapeutic activities:

This and later this. I might even combine the latter with the former too!

I imagine that there will be some shouting at Question Time later on as well.

Enjoy your evening.

As you can probably imagine we have had a bit of an ear bending over the phone regarding the October changes. Confusion reigns (watch for further news here today regarding Online billing for instance!). A major gap in recent training (ours and theirs) has been lack of direct practical guidance on billing/reporting - not helped by the fact that forms were not actually available at the bulk of those courses.

Consequently we have had our arms twisted a bit to run a "nuts and bolts" session dealing with issues such as; which is the right form to use, how to issue Civil UFN and UCNs, how to report exceptional cases and how to avoid having your Online billing rejected?

We will also be attempting a very risky Question and Answer session, (as ever, for the grizzly, without the aid of a safety net!).

Timescales have restricted the events to our Northern heartlands, on the following dates:

Manchester - 25th October

Newcastle Gateshead - 30th October

Leeds Bradford - 31st October

Here is a downloadable booking form, alternatively you can ring or E-mail the office.

So if your idea of fun is watching someone dodging rotten fruit - we can indulge you in the very near future.

I had not expected such a swift notification of a similar incident. The major similarity is the cursory nature of the notification and the emphasis placed on the lack of "discretion" available. Phone negotiation demonstrated similar inflexibility despite there being unambiguous evidence of lack of a need for an SMP reduction.

Be under no illusions it is coming to a place near you and remember we have a helpful spreadsheet available.

We have predicted the demise of the Preferred Supplier Scheme and its replacement with an age of "more proactive contract management". With this the proposed, central "can do", "soft skilled" human engine for these developments - the "Relationship Manager" - becomes a mere chimera* from a previous epoch.

In the light of recent events nobody can doubt that the LSC's brutal honesty and concern about the breakdown of it's relationship with suppliers, in the March 06 proposals, is likewise a feint shadow of the past.

We began to identify this trend when it became clear that rather than a new tier of RMs we were more likely to get a team of "re-sprayed" Account Managers. More recently we have frequently commented about the rise of the Autorecbot. (For more Autorecbot stories use the "search" feature in the sidebar).

If you doubt our concern regarding the latter how about this, just in:

"I have no discretion in making this (potentially fatal) change to your current SMP and intend making this change tomorrow" (parenthesis mine).

Yes. The Autorecbots are coming make what preparations you can!

*a figment of the imagination, for example, a wildly unrealistic idea or hope or a completely impractical plan - Encarta® World English Dictionary

UPDATE

To help with your preparations we now have an easy to use "Autorecbot Antidote" spread sheet available on request.

The first foray in this conflict, a battle of Press Releases, has begun. The Law Society's opened up with this one from which the following seems the most significant extract:

"The Society asked the Legal Services Commission (LSC) for a draft of the contract it would be inviting firms to sign, and to meet with the Society and the other representative groups to discuss the terms. The LSC rejected that reasonable request, and has chosen instead to send the contract direct to firms without any discussion".

The LSC's entirely predictable rebuttal now follows.

We have commented previously on the LSC implicitly blaming the Law Society for the current pass rather than reflecting upon their own responsibility in this regard.

Once more we are left pondering how a Peer Reviewer would rate legal advice to sign this contract in these circumstances?

Having had a few queries about the move to mandatory electronic billing here is a link to the LSC guidance and below is a key area of current client concern:

How will these changes affect current LSC Online users?

It is important to us that these changes do not negatively impact on your ability to submit your monthly claims for controlled work. To ensure a smooth transition there are some key dates you need to be aware of:

• the deadline for submitting your September claims is 15 October 2007
• the deadline for registering with LSC Online to make this submission is 10 October 2007
• there will be no access to LSC Online between 15 October 2007 and 5 November 2007
• you will not be able to make your October submission until 5 November 2007
• you will need a new username and password to use LSC Online after 5 November
• these details will be issued to all firms prior to 5 November 2007

If your firm does not register with LSC Online prior to 10 October 2007 a key contact in your firm will be set up with basic access levels that will enable him/her to set up other users in the firm.

To find out who this person is, please contact LSC Online Marketing.

Our work on a new CMRF Wizard continues today - keep in touch.

I waited all Friday for news on the process for gaining a new 6 month CDS contract in January. It turned up a bit too late to post so I saved it for this morning.

The long and short of it is that you will not need to express an interest or "tender" for a contract rather you have, in effect, up to 4pm on Wednesday 31st October, to sign up to the new contract. This will be followed up by the submission of your numbers of employed Duty Solicitors by the end of November. The new contract, involving Duty rotas based upon the above, will begin on January 14th 2008 with a further contract round in July and ultimately Best Value Tendering to follow.

There will be, we believe, no consultation or negotiation. Stay tuned in for further information.

I have been bent over t'internet all day awaiting a further announcement regarding CDS contracts in January. This was anticipated mid morning but at 15.45 it is still a no show. I will not risk testing my memory of the call which alerted me to this event, so you will have to wait on tenterhooks until there is a "better day for burying bad news". Perhaps Monday.

Enjoy the weekend - I will as from Sunday onwards my lovely Stella will always be safe from the 19-year-old lager thief who lives in the attic!

It's not really quite my thing, a bit too sentimental, but saw her live as the support act for Richard Hawley on Monday night. She kept the Sage Hall 1 enwrapped for 30 mins by herself with just a guitar. If anything I think she was better live than on this version. Reservations aside she has a great voice, real talent and deserves the minor plug being on this site brings;

As we reach the end of the current training tour I think it is worth reinforcing certain point especially those which have cropped up most commonly in recent phone traffic.

The new forms have begun to dribble through - I have a new CLS Claim 1A and an EC Claim 1 in front of me and I have just spoken to someone who has sight of a CW1 PL too. They are not on the web site as yet.

The CW1 PL (for Level 2 Family Help in Public Law when acting for a parent or someone with Parental Responsibility) makes clear one of the controversies identified during our sessions. The LSC line seems to have been more robustly expressed as their concurrent briefing sessions rolled out to whit - you must have written confirmation of the Local Authorities' intention to issue proceedings before you can complete the CW1 PL. Or as someone in Wales paraphrased "there will be no level 2 claims". Apparently there have been national negotiations with the LAs to ensure even operation of this protocol however this does not look likely in the immediate future.

Staying with Public Law can we reconfirm that the escape multiplier at level 3 is 2 times the anticipated graduated fee.

Don't forget the 21 day "cooling off period" before claiming settlement fees and neither the 6 month claw-back rule for the same in Level 2 private law work.

Finally we also promised to pass on information of as to what constitutes a "substantive benefit" outcome code - so here they are.

P.S. As the practicalities become apparent, on the receipt of the forms etc. (check your master-pack updates and guidance), would anybody be interested in a shorter than usual course for those practically involved in billing/reporting? Shout up or I will happily avoid the pain this will certainly involve.

No time to post right now off to Wales.

See you later.

PS Cars engine warning light came on last night on the way home from the Richard Hawley gig so I might have to revise the last bit.

Lets get straight to the chase.

Personal Injury is an "exclusive" franchise category.

There is no "tolerance" standard fee for Legal Help work under the new scheme.

You can therefore not do CICA claims, without a PI franchise, from October.

Over the years we have done very little work with the Bar. I do occasionally get invited to provide a little background information to one set of Chambers from Leeds.

And so it was that this led me to my old stamping ground at the weekend. I never participated in that "frat brat" college rivalry type thing but it was still a shame we were not in Castle rather than Hatfield. Never mind had a couple of excellent pints in the Shakespeare and a fantastic meal at the previously mentioned Gourmet Spot, (we ate off the "normality menu").

It will be cold comfort but the Bar are as disgruntled and nervous as you are!

You have had a song this week and I am reminded of this by fellow Marton 6th Form College alumni Bagrec. Hope it cheers you up as much as it did me:

Thought this should be a post in its own right

Went to a LSC "training day"

All September CMRF claims must be filed 15th October 2007. There will no access to LSC online between 16th October and 5th November 2007 October. October submissions can't be made until after 5th Nov. New user name and password required after the 5th. No sign of the new claim forms only "promises" that they will be available online later this month.

Hat Tip

AnonMike in the Comments Box

Regular readers might wish to hazard a guess as to what arrived at my house bang on kick-off last night.

Click on the "continue reading" tab below for the answer.

That's right my lost case - largely intact but with the laptop curiously and irreparably damaged.

We have mentioned a number of times our intention to have an Online CMRF (and CDS 6) Wizard in place for compulsory electronic billing this Autumn. If you have not come across the requirement yet your November reporting of your October Civil Contract work (controlled work) has to be submitted online.

Having got an Online version "to market", well sort of - it is still free, earlier in the year it is of course a complete pain to have to start again. This is compounded by the proximity of the deadline and more so by the yet incomplete disclosure of the information necessary to begin the task - some sample CMRFs would be helpful for instance.

Against this backdrop we will do all we can to make this happen, Andy and Steve met with our programming wonk yesterday. Those relying on mainstream software suppliers should give them a ring for a progress update. You should however be sensitive to the fact that they are struggling under the same LSC created difficulties as we are. The latter might like to consider a delay to the timetable as a sensible peace offering.

This is my first WiFi post from the replacement laptop (which with a bit of fiddling also works with the new data projector). Seems to do this too!

The Birmingham crowd were lively yesterday too leaving me with that brains sucked out feeling at the end of the afternoon. As ever it is the questions as yet without a solid answer which are asked more often - particularly with regard to the practicalities of billing. You will need to watch this space.

I now have a couple of hours in the car - probably on the hands free kit for a good proportion of it.

Today Birmingham, Thursday Manchester.

Work on couple of CCA appeals and a new Peer Review representations in between. As I said before a training tour just reels in other work subject to deadlines.

To finish off this necessarily short post just to confirm (as we could to the Newcastle delegates) we also begin work on changes to the CDS 6 and, more importantly, the CMRF Wizards tomorrow - News update then.

To make up for the lack of text and a music clip last week this is who I am going to see next Monday night:

The LAPG's comments on last weeks announcements:

LAPG welcomes the postponement of the criminal proposals. Hopefully this will allow the LSC to fully reflect upon the impact of imposing such a large number of changes simultaneously and the potential damage that is likely to be caused too many practices and the resultant effect upon quality and availability of services for clients. Any business will find it difficult to tolerate and survive so many changes to an already frail structure.

One of the side benefits of training tours, in addition to the odd bit of juicy gossip, is a chance to get a feel for issues of concern to the profession and to get a first feel for likely unforeseen consequences of LSC proposals.

As ever, from the speakers vantage point, it is always interesting to watch lawyers minds whirring when confronted with a new set of payment regulations. The most immediate example relates to claiming the Level 2 Public Law standard fee for support of parents (or those with parental responsibility).

The level runs from the point at which the Local Authority issues notice of intention to issue proceedings. Now in contract it suggests that this should be in formal written form and yet any number of delegates are indicating to us that their LAs never issue such notices or make such an indication in correspondence. We will obviously get a feel for this across the UK over the next two weeks, and feed that back to the powers that be, however your thoughts and experience of this issue would be very welcome either in the comments box below or directly.

Further to our report on the CDS Contract Bombshell comes further information on the way ahead from here.

Perhaps of most import in this document is the indication that new contracts will be available to all including new entrants i.e. the current moratorium comes to an end.

The CLSA's take on events is here.

HAT TIP

Andrew Keogh
Crimeline

I recently asked for a definition of the phrase -

"concerns raised during recent engagement with our stakeholders".

It looks like there will be a formal round of "engagement with stakeholders" begining shortly in the form of a provider survey of LSC performance.

I'm sure you will all have plenty to contribute.

Nip off to do a bit of Peer Review training and look what happens!. Do read the entire Press release (and links) however the highlights are:

Moratorium on planned October changes to the CDS - PACE standard fees, VHCC panel, Litigators Fee, CDS direct etc.

New 6-month Criminal contracts from January 14th 2008 (yes you read that right) via an "open process", followed by a "unified contract for criminal services from July 2008.

Best Value Tendering to follow.

This is all as a result of the the Law Society JR being "substantially rejected" earlier in the Summer. The LSC have also announced their intention to appeal that decision.

Their dog-in-the-manger response, via the 6-month contracts outlined above, is summed up by the Chief Executive as follows:

“The judgment (sic) could possibly result in the need for much shorter contracts to ensure that we can amend the ‘technical specifications’ at regular intervals to reflect changes in circumstances or Government policy. Such short-term contracts would not be in the interests of providers, or clients.”

Or - Oh you naughty, ungrateful children, now look what you made us do!

What does the following really mean?

"Following concerns raised during recent engagement with our stakeholders".

I think I could hazard a guess.

It is a phrase taken from one of a number of recent communications from the LSC regarding changes to the Forms Master Pack - this one involves changes to the CDS 14 through 17 which become mandatory from 1st November.

It would probably make sense to make sure someone is keeping a weather eye on the pack at the present.

Regulars here will know of a strange but regular phenomenon which occurs the moment I jump on the Tour Bus.

It involves a sudden influx of new, and generally deadlined, work which has to be crammed into the spaces between training events. (It is compounded today by me having another three hour in-house course shoehorned in between the main tour events). I am beginning to share the experience of veteran sports stars who no longer train between fixtures and use the time to recuperate.

The new demands includes a final twist in the CCA tale, some more on Peer Review and a couple of billing queries and appeals. Onwards and upwards.

Well off we go then. Still nothing on the Litigators Fee mind you so that section is going to be a little bit thin!

If your coming to Bradford see you there otherwise I will do a more substantive post tomorrow.

Checking the oil and water in the tour bus for the these dates which start in Bradford tomorrow.

Writing the course it has surprised me the amount of subtle change in the Unified Contract - over and above the major areas of concern and dissension. There are certainly a number of potential trip wires for the unwary which, given the move away from franchise style auditing and lack of clear communication from the LSC, may well become a future area of friction. I had thought this section of the course would be much shorter than it has ended up - there is however plenty to discuss.

I must also say, as ever out of fairness, there are fewer unclear sections in the LSC's documentation than usual with only a couple of queries outstanding.

It may be of interest to readers that I am also going to shout at some barristers this month too. So not just you lot then.