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PRACTICE NOTES
A privacy risk register is a tool that allows you to collate, record, track and manage all your data protection, information security and privacy risks information in one place. This Practice Note guides you through the process of creating a privacy risk register. See Precedent: Privacy risk register. There is no requirement in the UK GDPR to have a privacy risk register, but Information Commission’s Office (ICO) guidance suggests the regulator considers this to be good practice. To create a privacy risk register, you must first identify data protection risks within your organisation. This involves reviewing what personal data you hold, how you process that data, why you process that data, who you share personal data with, how data moves within your organisation, whether you transfer personal data outside the UK, how you ensure personal data remains accurate and up to date, how long you keep personal data and your process for destroying personal data. Armed with this information, you can identify your data protection and privacy risks and populate a privacy
PRACTICE NOTES
A risk management policy outlines the risks posed to a business and provides a set of actions to be taken to both prevent the risk from occurring and reduce the impact of the risk should it happen. This Practice Note provides a guide to the features usually included in a risk management policy. What is risk? There is a widely accepted definition of risk, ie: Risk = probability x impact So, for any given risk faced by your business, there are two questions: • how likely is it that the risk will materialise, ie what’s the probability? • if the risk does materialise, how bad will it be, ie what’s the impact? Regulatory requirements General risk You must identify, monitor and manage all material risks to your business. This obligation extends to risks that may arise from a connected practice, ie a person or company, LLP or partnership etc that is connected to your firm by virtue of: • being a parent undertaking • being jointly managed or
PRACTICE NOTES
What are strategic aims? A strategic aims document is also sometimes known as a strategic plan. It sets out the firm’s strategic aims for a defined period, usually anywhere between one and five years, and summarises the steps that the business is going to take in order to deliver the overarching vision or goals of the firm. See Precedents: Draft strategic aims and Sample strategic aims. This Practice Note and the Precedents referred to in it will help you to produce a single short document setting out high level strategic aims, covering things like: • what you should invest in, how much you should invest and from what source the investment is coming • which markets you should compete in and which markets you are going to exit • what kind of services you should offer • what the firm and management structure should look like • what people and infrastructure you will need Your strategic aims need to be flexible, ie not fixed in stone,
PRACTICE NOTES
This How-to guide provides information for organisations on formulating a corporate social responsibility (CSR) strategy and drafting and implementing a CSR policy. It reviews key issues to consider and highlights tools that could be of assistance. This Practice Note covers: • what CSR is • considering how CSR can help • developing a business case for CSR • key staff members • formulating the organisation's approach to CSR • formulating the organisation's CSR policy • CSR policy precedent • implementing CSR • reviewing the CSR policy For information about regulatory requirements relevant to CSR, see Practice Note: Corporate social responsibility (CSR)—regulatory requirements. What is CSR? CSR is a self-regulating mechanism by which an organisation can monitor the effect that it has on economic, social and environmental aspects of society. CSR is generally regarded as a commitment by an organisation to look beyond simply making money, to conduct its business responsibly and to integrate economic, social and environmental concerns into its culture and decision making, thereby establishing better practices within the
PRACTICE NOTES
This Practice Note is a ‘how to’ guide for law firms and in-house teams on formulating your approach to pro bono and why your pro bono strategy should derive from, and be closely aligned with, your overall strategic plans for the business. It also highlights key information to include in a pro bono policy. While much pro bono work is carried out on an ad hoc basis, there are distinct advantages to taking a strategic approach to pro bono in order to maximise the benefits for your pro bono clients and for your organisation. Planning your approach If your chosen approach to pro bono is to succeed, it needs to have internal support. To get this, the plan should be relevant to your business and should derive from, and be closely aligned with, your organisation’s overall strategic plans. You should therefore check your business plan before putting together a business case for pro bono as you will need to gather some key information from it to help inform your approach, eg:
PRACTICE NOTES
Our ability to influence others is a skill we need daily. It may be a small thing, eg asking to change the time of a meeting, or something larger, eg trying to convince the board to invest in a new piece of technology. This Practice Note covers the fundamentals of influencing others, personal and positional power, drawing the line between influence and manipulation, gaining influence in the boardroom and identifying influencing skills during the interview process. The fundamentals of influencing others Connecting with those around you Influencing is about ‘doing with’ rather than ‘doing to’. It’s not about forcing your views onto others—it’s about bringing them around to your perspective. To do that, you need to understand and connect with them and be able to articulate your vision in a way that resonates with them. Being trustworthy Trust is a highly valuable commodity and it needs to be earned. Build a reputation as someone who can be relied on to keep their word. If you say you’re going to do something,
PRACTICE NOTES
This Practice Note covers how to embrace a range of internal communication formats and accommodate the needs of remote workers, hybrid workers and those with additional requirements. It explores how to build effective two-way communication, the role of training in improving communication and how to measure the impact and effectiveness of your communication strategy. Embracing a range of formats Effective communication contributes to an inclusive, engaged and productive workplace, where every employee feels valued and understood. By embracing varied communication formats, firms can significantly improve their internal communications. Diverse forms of communication also help to accommodate the needs of remote and hybrid workers and those who are neurodivergent or have other additional needs. Most firms have traditionally relied heavily on emails and scheduled meetings to convey messages but advances in technology mean you can, and should, consider other formats. In addition, these formats alone may not be sufficient or accessible for all employees. By adopting a variety of formats, firms can ensure messages are received and understood more effectively by a
PRACTICE NOTES
This Practice Note provides a high-level practical guide for in-house lawyers looking to improve their efficiency and workflow through use of GenAI. It includes steps to take to identify use cases, best practice for prompting, risk management and compliance, review and iteration, and knowledge sharing. Identify the task The first step is to identify your task—the starting point should always be ‘What am I actually trying to do, what will a successful outcome look like, and what are the steps that I need to take to get there’. Consider which part(s) of the task artificial intelligence (AI) can help with, for example: • creating initial drafts of contracts (or individual clauses), policies, letters, emails or other internal/external comms • reviewing contracts and contract clause identification • customising existing precedents, or drafting new templates • creating the initial draft of a project plan • summarising case law, legislation, or internal reports • redrafting existing documents to make legal language accessible to non-lawyers • creating legal research summaries • analysing and interrogating data • acting
PRACTICE NOTES
This Practice Note is for individuals receiving coaching or mentoring to help you get the most out of the relationship. It covers the differences between coaching and mentoring, setting goals, what to do before a coaching/mentoring session and what to expect when the coaching/mentoring session ends. The differences between coaching and mentoring The terms coaching and mentoring are often used interchangeably. The similarities between them include: • a focus on work-specific goals and improving performance • structured sessions working towards those goals The main difference is usually in the expertise of the person conducting the sessions. Typically a mentor is someone more senior in the same field as the mentee who provides advice and guidance that is role-specific and often organisation-specific. A coach is usually outside of the line management chain and is often external. They can be an excellent unbiased resource, sitting outside of office politics, and can guide someone to develop general skills such as presentation and assertiveness. What to expect from a
NEWS
Public Law analysis: In this analysis, Nick Wrightson and Stephen Parkinson (Kingsley Napley), and Jennifer Wright and Fiona Barton KC (5 Essex Court) provide guidance on the Covid-19 Inquiry, highlighting key considerations for individuals and organisations called to participate and those applying to be designated as core participants.
PRACTICE NOTES
This Practice Note looks at the position where a tenant wants to increase the amount of space that it occupies in a building or on the same development or estate. It outlines: • the risk of inadvertent surrender and regrant if the parties purport to vary the tenant’s existing lease to include the additional premises • when a new lease of additional premises is appropriate, and • key transaction and drafting points to consider on the grant of a lease of additional space (including when and how it should be linked to the tenant’s existing lease) Key risk—avoiding surrender and regrant When demising additional space to an existing tenant, it is critical to avoid inadvertent surrender and regrant of the tenant’s existing lease. If a tenant wishes to take additional space in the same building or development, the parties may be tempted to vary the lease to include the additional space. However, a variation that increases the demise results in surrender and regrant (regardless of the parties’ expressed intentions), as it
PRACTICE NOTES
The following ‘how to’ guides identify the steps to be taken and issues to be considered for Private Client practitioners when undertaking a variety of key tasks. Each guide includes links to more detailed related content. Wills and probate • How to check if a Will is valid following the testator’s death • How to complete Form IHT400 • How to exclude a potential beneficiary in a Will • How to complete an action for proving tenor of lost Will or codicil—Scotland Trusts • How