Applying to become an alternative business structure
Three-partner firm John Welch & Stammers was one of the first three organisations to be licensed as an alternative business structure by the SRA last month. New non-lawyer managing partner Bernadette Summers gives her account of the application process
I have been the practice manager at John Welch & Stammers (established 1932) for the past 12 years. I had been asked to qualify as a solicitor to enable me to become a partner. Although I do some fee earning, my vocation is in management and I was not prepared to spend seven years studying part time to qualify as a solicitor simply to become a partner. The introduction of LDP's meant that you had to have at least 75 per cent solicitor managers to each non-lawyer manager and to avoid risk you should have five. This wasn't an option for us as we have mainly been a three-partner firm.
When the introduction of alternative business structures (ABS) was first discussed, one of our partners had decided to retire so the logical thing for us was to become an ABS enabling me to be partner. During March 2011 I registered an interest with the ABS team. They were confident that they would take the first applications in August 2011. I ran through our scenario with them and as an existing practice they agreed our application should be straightforward and that authorisation within their minimum three-month time frame would be workable.
Early August 2011, the SRA published a guide on what the requirements were and how to apply. I read this in detail questioning the team about anything that was not clear. I consulted our accountants, bank manager and our PI broker to find out what impact becoming an ABS would have. Being an ABS would have no impact as we are an equity partnership and were not planning to change our structure at all. When our PI came up for renewal I made sure that our intention to become an ABS was on the form which meant that when it came to the phase two application for ABS's our insurance for the new structure was already in place.
Unfortunately matters were delayed, parliamentary decisions had to be made and the first applications could not be submitted until 3 January 2012. This was frustrating as ideally we had wanted to be up and running by the end of 2011. I kept in regular contact with the ABS team, so was always up to date with how things were progressing and I used this time, with their assistance, to ensure that when we applied our application was fairly straightforward.
On 3 January 2012 I completed the phase one application. I heard back within a week that I had made an error on the form, I telephoned the ABS team and they told me straight away where I had gone wrong and I re-submitted the form the same day.
I received the phase two application pack on 19 January and the CRB forms soon after. I will admit they looked pretty daunting, but because I was well prepared beforehand and because of my error on the phase one form, the most time consuming bit was checking the form over and over to make sure I had not missed anything.
As an existing partnership, having to fill in the forms on the basis that the new structure did not exist and being asked so many questions when we were already authorised, was difficult and at times annoying. However, the authorisation team answered any questions I had, simply and by return. I submitted the phase two application on 19 February. I was then asked a few more questions by the authorisation team and was advised during March 2012 that our application had gone to the Chief Executive for approval.
The application is time consuming, and a lot of work, but the SRA are very thorough and will take their time where necessary. Being the person who deals with the PI insurance I actually feel reassured by this.
I am delighted to say that we received our licence on 28 March and I am managing partner as of 6 April. Best of luck with your application.