New guidance to help law firms prepare for no-deal Brexit

The Law Society for England and Wales has published a raft of new guides designed to help law firms prepare for the UK’s exit from the European Union on 31 October 2019.

The documents, which provide guidance on a variety of civil, criminal, consumer and commercial matters, describe what actions solicitors can take to prepare their firms and help their clients should the UK leave without a deal.

Leaving without a withdrawal agreement in October will present difficulties for the legal sector, as outlined in the Law Society’s recent analysis of how different relationships will affect English and Welsh solicitors.

The report, which outlines the sector’s ideal trading relationship with the EU, says much of the legal industry’s £27.4 billion income relies heavily on market access provided by EU directives – all of which could be stripped away should the UK leave without a deal.

This is because current EU legislation enables English and Welsh law firms to advise on all legal matters which concern them in any EU member state.

Likewise, the directives recognise English and Welsh legal qualifications, enable solicitors to requalify in EU member states with few barriers compared to non-EU lawyers and, importantly, allow solicitors to represent clients in the Court of Justice of the European Union (CJEU), domestic courts and other fora (such as arbitral proceedings and alternative dispute resolution mechanisms).

Publishing the report in August, the Law Society said: “All outcomes are explored in relation to market access to ensure the continued success of the UK legal sector.

“We conclude in the paper that only an association agreement can adequately deliver on legal services and that the openness of England and Wales for EEA lawyers should be maintained.”

Access the guides below:

No-deal Brexit guidance: Providing legal services in the EU

No-deal Brexit guidance: Data protection

No-deal Brexit guidance: Criminal justice and security co-operation

No-deal Brexit guidance: Consumer law

No-deal Brexit guidance: Civil and commercial cooperation

 

Posted in Craig Reid.