Managing Legal Change Initiatives
Managing Legal Change Initiatives highlights the best methods of introducing and managing change in a sector that is known for being averse to it.
However, the legal sector has begun to rapidly transform - and the firms that don't change with it are going to struggle to stay relevant. In these turbulent times for firms, change initiatives must be properly managed to ensure the whole firm can successfully shift to the new norm and stick to it. Without the proper support and management, a firm runs the risks of alienating their workforce - who will not take well to sudden and imposed change.
Managing Legal Change Initiatives looks to illustrate the best methods of introducing and managing change in a sector that is known for being adverse to it. The book highlights the critical obstacles and pitfalls that law firms will face during transitional periods, and outlines some of the best methods of approaching organizational change; from building a change framework to follow, to encouraging a shift in partner behavior through the compensation strategy. This new book also explores why change is so difficult for individuals - with discussion of the neuroscience behind change, and the role of emotional intelligence in leaders to help garner a transformation. With the disruptions to legal services predicted to continue for some time, it will be those firms who adapt, put into place, and act upon a change management strategy that will be the ones capitalize on changes to come.
Table of Contents
|Introduction to the third edition
|About the author
|Chronology of Regulations made under Part 1 of the Care Act 2014
|Table of Cases
|Local government ombudsman complaints
|Chapter 1: Residential care provision by social service departments
|The scope of residential care provision
|What is a care home?
|Sources of law
|The Care Act 2014 – overview
|Assessment, eligibility and care planning
|Ordinary residence and the responsible authorities
|Responsibility for NHS patients
|Duties and powers and to meet eligible needs
|Who commissions residential care?
|Discretionary powers to provide residential care
|Exception for those subject to immigration control
|Choice – do I have to go into a care home?120
|Paying for care and deprivations of liberty
|The care planning process
|Personal budgets, choice of accommodation and top-ups
|Arrangements for payment of a top-up
|After-care for former mental hospital patients
|Contracting with a care home
|Statutory responsibilities to self-funding residents facing eviction
|Chapter 2: Protecting the home
|Care cost capping – its genesis and its demise
|Care capping – what does the Act provide?
|What is a deferred payment?
|The Care Act provisions
|Mandatory and discretionary deferred payments
|The amounts that can be deferred
|The equity limit
|Terms and conditions
|Looking after the property
|The main or only home
|The meaning of ‘premises’ (occupied as their main or only home)
|Premises that may be covered by the disregard
|Chapter 3: Financial assessment
|Means testing comes after assessment
|Paying only what you can afford
|The obligation for the authority to carry out – and the adult to cooperate with – a financial assessment
|The minimum income condition and its relation to the upper capital limit
|Short-term residents and temporary residents
|The status of the partner’s resources
|Chapter 4: The assessment of income
|What is income?
|Calculation of income
|Treatment of earnings
|Capital to be treated as income
|Chapter 5: The assessment of capital
|What is capital?
|The upper financial limit for capital
|Full paying residents who are close to the capital limit
|Chose in action
|Money held by solicitors
|Chapter 6: Capital disregards
|Disregards do not need to be claimed
|The upper and lower capital limits
|The disregards relating to the resident’s dwelling
|Moving house – sale, purchase, adaptation and gaining access Premises acquired for occupation
|The qualifying relative disregards
|Premises occupied by a partner or family
|Property disregards for permanent residents intending to resume independent living
|The discretionary disregard of premises occupied by a third party
|The resident’s business interests
|Life policies and investment bonds
|The value of the right to receive any outstanding capital instalments
|The resident’s future interest in any property
|Tenanted property and the value of future payments of rent
|Currency conversion costs
|Certain payments from certain approved trust funds
|Non-monetary charitable gifts
|Arrears of specified payments of benefits and tax credits
|Arrears payable to widows, widowers or surviving civil partners
|Certain deposits with housing associations
|Static caravans, chalets, houseboats and beach huts
|The right to receive an annuity and its surrender value
|Funds derived from an award for personal injuries to the resident
|The capital value of the right to receive a stream of income
|Social fund payments
|Refunds of buy to let mortgage tax relief
|Capital treated as income
|Certain compensatory and other welfare receipts
|Payments to former WWII prisoners of the Japanese
|Compensation payments for sufferers of variant Creutzfeldt-Jakob disease and their relatives
|A note on funeral plan payments
|Chapter 7: Income and capital available upon application
|What is income or capital available upon application?
|Benefits available upon application
|Third party payments
|Notional income and capital in private pensions
|Chapter 8: Deprivation of income and capital
|Sources of law
|Diminishing notional capital
|An analysis of Regulations 17(2) and 22(2)
|The statutory guidance
|Investigation and proof
|Deprivation must make a difference to the means assessment
|The end of discretion
|Use of existing capital to pay fees
|Can a deprivation be traced back through a number of transactions?
|Can notional capital be subject to a statutory disregard?
|Payment of debts
|The rule on diminishing notional capital in deprivation cases
|Deprivation as a result of the purchase of personal possessions
|Chapter 9: The valuation of assessable capital
|An easy way to save time and effort
|Capital is not assessed net of debt
|Current market value
|The current market value of land
|Matters arising upon sale of land
|Valuation of the former matrimonial home
|Deductions from value
|Capital held abroad
|Third party interests in property
|Chapter 10: Care fees avoidance – making gifts and creating trusts
|The Law Society Practice Direction on Gifting 2017
|The risks of transferring an asset
|Severance of jointly held assets
|Absolute and discretionary trusts
|Avoiding the pitfalls of outright gifts
|Are they effective?
|Can a local authority pressure trustees?
|Trustee investment powers
|Pressure on trustees to distribute capital
|Cases involving allegations of mental incapacity
|Cases involving fraud and undue influence
|The use of Inheritance (Provision for Family and Dependents) Act 1975 (IPFDA)
|A trust as a provider of ‘top-up’ care fees
|Can a local authority enforce a care fees debt against trustees?
|Personal injury trusts
|Chapter 11: NHS continuing care
|The health and social care divide
|Caring for the future
|Summary of the history
|Developments after 1993
|Health Service Guidance 95(8)
|Coughlan v. North and East Devon Health Authority
|Funded nursing care
|HSC 2001/015: LAC (2001)18
|The Wigan case
|The Grogan case
|The statutory test
|The quantity test
|The quality test
|The impact of the Care Act 2014
|The NHS Continuing Care Framework: How is it meant to work?
|Application of the quantity and quality tests to advanced dementia patients
|The assessment process – regulatory requirements Who is entitled to an assessment?
|Can a full assessment be delegated?
|NHSCHC assessment must pre-date an FNC assessment
|The multi-disciplinary team
|Hospital discharge procedures
|The Fast Track pathway
|NHS continuing care case reviews
|Chapter 12: Remedies
|The 2009 Regulations
|The state of the NHS complaints procedure
|The complaints system in England and Article 6 of the Human Rights Act 1998
|The Care Act 2014
|The monitoring officer
|A complaint to the Secretary of State
|Making a complaint to the Local Government Ombudsman
|Complaints to the Parliamentary and Health Service Ombudsman (PHSO)
|First step – complaints procedure or judicial review pre-action protocol?
|Second step – Ombudsmen or judicial review
|Land registry disputes on registered charges
|Complaints against independent providers of residential care
|The duty of candour
|The NHS constitution
|A conclusion on access to effective remedies in England
|Chapter 13: Methods of enforcement available to local authorities
|Powers under the Care Act
|Recovery of resources from the recipients of gifts
|The Insolvency Act 1986 – recovery of gifts from the recipients and trustees
|Transactions at an undervalue – Insolvency Act 1986, sections 339–342
|Transactions defrauding creditors – Part 16 of the Insolvency Act 1986
|General litigation risk
|Local authorities as debt collectors
PATRICK J. MCKENNA
Patrick J. McKenna is an internationally recognized author, lecturer, strategist, and seasoned advisor to the leaders of premier professional service firms. His published articles have appeared in over 50 leading professional journals and his most notable book, First Among Equals (2002), topped bestseller lists in the US, Canada and Australia and has been translated into nine languages. He was recently voted by the readers of Legal Business World as one of only seven international Thought Leaders (2017).
ARTHUR G. GREENE
Principal, Boyer Greene LLC
DR BOB MURRAY
Founder and principals of Fortinberry Murray
Andrew Hedley works with the leaders of law firms on issues of vision, strategy, and change. He established Hedley Consulting in 2005 after almost a decade as the business development director of two UK top 20 international law firms. His practice is recognised as a leading boutique strategy consultancy within the legal sector. Andrew is a recognised expert in the field of law firm mergers. Whilst working within private practice he was a member of a small strategy group tasked with pursuing M&A opportunities which led to the execution of a number of significant mergers as well as numerous early-stage negotiationsand evaluations. He has carried this expertise through to his consultancy practice and now advisesfirms at all stages of the merger process - from creating initial strategy, to candidate firm identification and evaluation, through the full negotiation and business case development process and, finally, postcompletion implementation strategy and delivery.
Neryl East, MA, PhD, is a writer, academic, speaker and communication specialist with extensive experience in both internal and external communication in Australian government, private sector and not-for-profit organisations. Neryl's specialties include issues management, change management; and integrating new and traditional media. She lectures in public relations and journalism, is in demand as a keynote presenter and trains organisations in many facets of communication including media skills and writing in plain language. In 2010 Neryl was selected as an ambassador for the Year of Women in Local Government, a programme supported by the Australian government. She is a member of the Public Relations Institute of Australia and the National Speakers Association of Australia. Neryl is the author of Named and Shamed: Rod Oxley's inside story of the Wollongong corruption scandal and the Ark Group's Strategic Internal Communications for Complex Organisations report, now in its second edition. Neryl can be contacted via her website.
Former barrister and solicitor for more than 20 years. Full-time management consultant. Editor of the second edition of Management of the Australian Law Practice. Duncan can be contacted via email at www.duncanhartconsulting.com.
DR ALICIA FORTINBERRY
Founder and principals of Fortinberry Murray
DAVID J. PARNELL
David J. Parnell is an author, speaker, Forbes and American Lawyer Media columnist, and the founder and principal of True North Partner Management, a partner-level legal search and placement firm. Along with his experience in private placement, he has previously worked in-house with the likes of Intel, Xircom, and DreamWorks SKG. Complimenting his Forbes and ALM columns, his work can also be found in publications such as The American Lawyer, Huffington Post, Venture Capital Post, Fox News Magazine, Lawyerist, Law360, Bloomberg, Australasian Lawyer, NBC News, The Global Legal Post, Business Insider, and NZ Lawyer, among others.
Director at PwC - Professional Services and Global Mobility Nick Marson CEO The Parallel Mind Ltd