JULY 2024 – ARTICLES & ITEMS OF INTEREST
The Legal Quality Standard of Ireland
JULY 2024 – ARTICLES & ITEMS OF INTEREST
CHANGES TO PARENTS LEAVE FROM THE 1 AUGUST
It was announced earlier this year in Budget 2024 that Parent’s leave and Parent’s Benefit would be extended by 2 weeks to 9 weeks from August 2024.
The Parent’s Leave and Benefit Act 2019 (Extension of Periods of Leave) Order 2024 has been signed into law and from 1 August 2024:
- Parent’s leave will increase from 7 weeks to 9 weeks for children born or adopted after 1 August 2024
- You can claim the additional 2 weeks’ parent’s leave if your child is under the age of 2 on 1 August 2024 or your adopted child has been placed with your family less than 2 years on 1 August 2024
- You must complete the extra leave on or before your child’s second birthday or within 2 years of the adoption placement
- Parent’s Benefit will also increase from 7 weeks to 9 weeks for each parent (if you qualify)
For more information see https://www.citizensinformation.ie/en/employment/employment-rights-and-conditions/leave-and-holidays/parents-leave/
CYBERCRIME – RECENT IRISH CASES
O’Leary Insurances has this month issued a ‘Cyber Matters Newsletter’. It discusses the high profile cyber-attacks in 2024 – Ticketmaster, Duvel, Leicester Care Home and Arup and also talks about AI.
It concludes by discussing recent case studies of cyber incidents from their client base:-
- Phishing attack – An employee opened an attachment on an email that appeared to be genuine, however it was fraudulent. The manufacturing company in question had to shut down their systems and recover their files from their backup, causing interruption to their business. Back-ups can quite often be missing key data, so it is worth testing these a couple of times each year.
- Ransomware attack – A sophisticated ransomware attack took down the back-ups of a consulting engineering firm. The company had an offsite backup that they could work from, however not all data was saved so much of it had to be re-created.
- Clients of company lose monies – A client was hacked. The hackers contacted some of their customers, choosing ones that were due to transfer funds. Over €100,000 of customer funds were lost.
To view this cybersecurity newsletter in full see https://www.olearyinsurances.ie/contentFiles/newsFiles/July_2024_Cyber_Matters_Newsletter.pdf
DEEPFAKES – RISK OF USING VIDEO CALLS FOR CLIENT IDENTIFICATION
On the 24 July 2024, the Law Society of Scotland published a blog on deepfakes.
Deepfakes involve the use of AI algorithms to create convincing forgeries of individuals’ likenesses. This technology can fabricate realistic images, videos, and audio recordings, making it increasingly difficult to distinguish between authentic and fake content. Initially developed for entertainment and artistic purposes, deepfakes have quickly been acquired by cyber criminals for malicious activities.
The adoption of deepfake technology by cyber criminals presents several alarming implications:
- Sophistication of Attacks: AI enables a higher level of sophistication in cyber-attacks. Deepfakes can be used to create realistic phishing emails, voice messages, or video calls, making it harder for individuals to identify scams.
- Enhanced Social Engineering: Deepfakes take social engineering to a new level. Cyber criminals can impersonate senior executives or trusted colleagues to deceive employees into divulging sensitive information or authorising large financial transactions. For instance, an employee at a multinational firm was tricked into transferring $25 million to fraudsters who used deepfake technology to impersonate the company’s CFO in a video call.
- Bypassing Security Measures: Deepfakes can bypass traditional security controls. For example, AI-generated voice deepfakes can fool voice recognition systems, and AI-manipulated images can deceive facial recognition software.
- Rapid Development: The speed at which AI technology evolves means that deepfakes will become even more convincing and harder to detect. Cyber criminals can continually improve their methods, making it essential for businesses to stay ahead of these developments.
The blog discusses several deepfakes in the real world, one of these states ‘the legal sector has also been targeted, with the Solicitors Regulation Authority (SRA) warning lawyers about the risks of using video calls for client identification due to the threat of deepfakes.’
It states how firms must adopt a multi-faceted approach to combat the threat of deepfakes and sets out some defences firms’ can adopt.
To view this blog in full see https://www.lawscot.org.uk/news-and-events/blogs-opinions/a-deep-dive-into-deepfakes/
LSRA PUBLISHES ANNUAL REPORT FOR 2023
On the 10 July 2024 the LSRA published its 39 page annual report for the period 1 January 2023 to 31 December 2023.
2023 at a glance:-
- 3070 phone calls and emails requesting information and/or complaint forms
- 1290 complaints received (1233 relating to Solicitors and 57 relating to Barristers)
- 1432 complaints closed
- 256 complaints resolved
- 111 complaints upheld
- 699 complaints deemed inadmissible
Under Part 6 of the Act, the LSRA can receive and investigate three types or grounds of complaint: • that the legal services provided were of an inadequate standard; • that an amount of costs sought by the legal practitioner for legal services was excessive; • that an act or omission of a legal practitioner constitutes misconduct under the Act
New Complaints Recording Method –
- Since the beginning of 2023, the LSRA has recorded each individual complaint as relating to either one, two or all three of the statutory complaints grounds where appropriate. This replaces the previous system whereby an individual complaint was recorded under only the primary ground presented in the complaint.
- A second change introduced in 2023 and also captured in this report relates to how complaints under the Act’s three grounds are classified by the LSRA into a range of categories as part of an administrative process to aid reporting. There are a total of 37 available categories. Services and costs complaints are recorded by areas of law, such as litigation, conveyancing, probate and family law. Complaints alleging misconduct are recorded under categories that relate to the nature of the act or omission that gives rise to the complaint such as for example fraud. Until now, an individual complaint was recorded as relating to one category only. For example, a complaint of inadequate legal services was classified only under family law, even if it also involved a component of probate. Likewise a single complaint alleging misconduct was classified only under dishonesty even if it also included a failure to communicate component. In both cases, only the primary component was categorised and recorded. Under the new recording system, a single complaint is now classified into one or more categories as appropriate.
The report sets out pie charts breaking down all the complaints received under the following headings: – All Grounds for Complaints – Misconduct – Inadequate Legal Services – Excessive Costs.
All Grounds for Complaints:-
- 835 Misconduct only
- 244 Inadequate Legal Services only
- 30 Excessive Costs only
- 91 Misconduct & Inadequate Legal Services
- 15 Misconduct & Excessive Costs
- 48 Inadequate Legal Services & Excessive Costs
- 27 Misconduct, Inadequate Legal Services & Excessive Costs
The following are some of the complaint categories arising under misconduct: – bringing profession into disrepute, failure to communicate, failure to handover, delay, fraud & dishonesty, failure to account, undertaking, substantial inadequate services, failure to pay counsels fees, conflict of interest.
The report also shows a breakdown of the number of complaints received per county.
To view this report in full see https://www.lsra.ie/wp-content/uploads/2024/07/LSRA-2023-Annual-Report.pdf
BURNOUT IN THE LEGAL PROFESSION
In the Summer edition of the Parchment, Michael J. O’Neill has written an article on how wellbeing is critical for those working with the high demands of being a solicitor and working in the law and that we cannot simply let our profession suffer a form of blackout and forget what its members have expressed in numerous studies globally – and that is the demand for change.
He states “we have read study after study in which the data suggests legal professionals are at a high risk of burnout. For example, Legal Mental Health charity LawCare carried out research study in Oct 2020 and Jan 2021, entitled ‘Life in the Law’, from over 1,700 professionals in the UK, Republic of Ireland, Jersey, Guernsey and Isle of Man.”
He also states “In 2023, the Law Society of Ireland carried out a survey asking for its members to give their views and assistance in shaping the future direction of the Law Society itself. While they have not yet published the full results of said survey, from the extracts published, 98% of respondents confirmed that change is required by the Law Society to tackle the challenges the profession faces. Of more concern is that over 78% of respondents described wellbeing and mental health as challenging or extremely challenging. I believe that any such survey cannot just be the prerogative of the Law Society to hold but should be released to its members without further delay to know that they have been heard first and foremost. Otherwise, it is another form of blackout, of allowing suspicions among its members to foster that nothing will be done and that it is normal service as always, keep that Superhuman suit on and just get on with things.”
To view this article in full see https://issuu.com/256media/docs/parchment_summer_2024-flipbook?e=16581915/98524518
FLEXIBLE AND REMOTE WORKING RIGHTS
In the summer edition of the Parchment Mark Fitzgibbon assesses the new code of practice on the right of employees to request flexible and remote working.
He states “On 7th March 2024, the Workplace Relations Commission (“WRC”) published a Code of Practice for Employers and Employees on the Right to Request Flexible Working and the Right to Request Remote Working. This is a welcome development for both employers and employees as the Code is a key aspect of the Work Life Balance and Miscellaneous Provisions Act, 2023 (“the Act”). While the Code is not legally binding, it provides practical guidance on best practice to employers and employees regarding how employers can deal with requests made by employees for flexible and remote working. While failure to follow the Code is not an offence in itself, the Code is admissible in evidence before a Court, the Labour Court or an Adjudication Officer of the WRC.”
This article discusses the above under the following headings:-
- What is ‘Flexible Working’?
- What is ‘Remote Working’?
- Making s Request
- Considering a Request
- Termination of an Arrangement
- Protection against Penalisation
- Maintaining Records
- Other Considerations
To view this article in full see https://issuu.com/256media/docs/parchment_summer_2024-flipbook?e=16581915/98524518
LAW SOCIETY OF IRELAND PUBLISHED NEW GUIDE ON HOW TO AVOID DELAYS IN SELLING A PROPERTY
On the 1 July 2024 the Law Society of Ireland published a new guide on how to avoid delays in selling a property.
The guide sets out the seven deadly sins that need to be addressed in order to avoid delays, namely:-
- Documentation & Team – If you are the seller, you have to start the process by gathering the appropriate documentation and instructing your team (solicitor and estate agent),
- Deeds – Getting the title deeds for the property (usually the bank has them),
- Roads – Confirming who has responsibility for maintaining the roads, lanes and services (water and sewage) for the property,
- Planning – Ensuring compliance with all planning permissions (back to 1964),
- Taxes – There is an increasing number of taxes which have been attached to property and must be collected before a sale (these include Commercial Rates, Local Property Tax (LPT), Household Charge, Residential Zoned Land Tax (RZLT) and Fair Deal scheme),
- Probate – If the property is being sold following death of the owner, then the sale could be conditional or ‘subject to’ probate causing very significant delays,
- Money – Having the finance in place to complete the sale (buyer) or having the final redemption figure from their bank to settle the existing mortgage (seller).
To view this guide see https://www.lawsociety.ie/globalassets/documents/news/2024/speed-up-your-property-sale.pdf
GENDER PAY GAP REPORTING FOR ORGANISATIONS WITH 150 OR MORE EMPLOYEES
Mandatory gender pay gap reporting in Ireland is now in its third year and the threshold drops this year (2024) from employers with 250 or more employees to employers with 150 or more employees. All employers in scope need to select a snapshot date in June 2024 and report within six months of that date.
For more information and the relevant legislation relating to same, see https://www.gov.ie/en/publication/29606-what-is-the-gender-pay-gap-information-act-2021/