Barristers May Strike Over Legal Aid Fees
Stuart Page, Associate & Serious Crime Solicitor
The Criminal Bar has it seems had its voice heard at last. All too often the press publish the fees of the highest paid solicitors and barristers from public funding but do not publish what the “average” remuneration for a 12 month period is.
Quite often a case which pays a significant amount in fees from the public purse has taken years to resolve and work upon all of the work which has been done having to be accounted for and audited so the fee has to be set against the years it may have taken to prepare.
The basic hourly rate for a solicitor who is performing legal aid work is £52-£60 per hour and from this overheads and support staff also need to be remunerated and vast amounts of regulatory auditing, reviewing and supervision have to be performed.
In addition to this courses have to be undertaken in order to maintain a solicitors right to practice and every year a fee has to be paid for a solicitors practicing certificate.
Barristers are specialist advocates with specialist training and it would be hard to imagine how a case would be presented to a jury and explained without such specialists.
It is true that the image of the barrister as a “fat cat” with a gold watch chain cigar and wig has been around and cartooned on many occasions however that is not the reality most enter the legal profession to make a difference not to their own wealth but to society and because they want to make a difference, it is hard to imagine another profession where payments have stood still for as many years.
Crime barristers are often representing the most underprivileged members of society and those who have the least so they can not afford to pay themselves.
The government has tried in the past to implement “public defenders” which failed, it will be a shame to see the job of a crime barrister consigned to a crime drama on television which could well be the case in future.
What to Expect from Your Lawyer?
Legal aid, whenever required, must be of the top quality. It is a very serious business with consequences that can be quite severe if the counsel you get is not appropriate. Choosing a lawyer is like choosing food. You instantly hit it off with some lawyers but with others, you don’t. However, there are a few basic things that you should expect from your lawyer. This article will outline the expectations you should have from the person from whom you are getting legal counsel.
Communication Should be Clear, Precise and Honest
The communication you receive from your lawyer is very important as it will determine your course of action. The lawyer should explain your situation from a legal perspective and also inform you about your options. Do not expect any sugar coated answers and clarify this with your lawyer also. If your situation is bad, then tell him/her to explain its gravity and what the possible options are. That will at least help you in preparing yourself mentally.
You should also clarify that the lawyer should do what you ask him to. Of course, you cannot tell him/her how to argue in court or the points that he/she should make. You should explain the course of action and the lawyer, on your behalf, should plan his/her moves in the court of law appropriately.
Your lawyer should also comprehensively clarify your doubts. The main reason you hire a lawyer is because, you are not aware of the ramification of law. Do not relax this expectation as you will be paying them for their services. If your doubts are cleared, you will at least have peace of mind if not anything else.
Competence of the Lawyer has a Direct Impact on Your Case
It is a little shocking to know that all lawyers are not competent enough. You also have no way of judging how well versed a lawyer is on law. There have been instances where cases have been lost because the lawyer has failed to understand a clause in a law and use it to the advantage of his/her client. The only way to judge the competence of a lawyer is through his/her past record. Make sure you conduct proper research and ask for opinions from the right people before hiring a lawyer.
Discuss the Fee before Hiring the Lawyer’s Services
One of the most common complaints that clients have is about the fee charged. They will either feel that the fee is too high or the fee is not worth the services they are receiving. The best way to avoid this is by discussing the fee before you hire the lawyer’s services. Every lawyer will have a different fee structure. You can hire or look elsewhere if you are not satisfied.
Hire a Lawyer Who Abides by Good Ethics and Morals
Your lawyer should work within legal realms at all times. He/she must argue your case to the best of his/her abilities. Under no circumstances should your lawyer suggest unlawful or non-humanitarian course of action. Make this clear to your lawyer as it is not only wrong but can also have adverse effects in the future.
The author is an expert associated with Stinnette Law, a firm offering personal injury law services. If you are looking for reliable and competent legal guidance before filing for personal injury claims, our specialists at Stinnette Personal Injury Law are always at your service.
Mexico to Allow Compensation Claims for Organized Crime Victims
The members of Congress in Mexico recently voted unanimously to approve a bill which ensures compensation claims can be made by the victims of organised-crime which happens within Mexico’s borders. The law will create a national body which will be tasked with recording crimes which happen of this nature, including forced disappearances and kidnapping. The new body will also be tasked with overseeing the financial, legal, and medical support which is offered to the victims of organised-crime. Since 2006, it is estimated that around 50,000 people died in crimes which were drug-related and happened since President Felipe Calderon began deploying soldiers to combat organised-crime.
Under the new legislation, relatives of the people who have been forcibly disappeared or kidnapped in organised crime can now initiate compensation claims. Also allowed to start claims are those who had been kidnapped or sustained personal injury as a result of organised crime. Finally, people will be able to claim compensation for any abuse of human rights which were breached by the security forces of Mexico.
A national registry is set to be created in order to record and document the crimes and set aside appropriate amounts of compensation with a maximum value being set at $70,000. The Chamber of Deputies passed the new legislation unanimously to which activists spectating from the gallery at the time shouted and applauded enthusiastically, calling “not one more death”. The law has now also been passed by Senate and will reach the final stage of its journey when it appears in front of President Felipe Calderon who has already expressed that he supports the initiative entirely. Among the numerous campaigners for the bill is the poet Javier Sicilia who lost his son along with six friends last year to such incidences.
It is though, at this stage, that one major hurdle will be for the victims of the crimes to provide evidence in a court of law, going against the organised crime gang members. This fear of appraisals is, apparently, enough to stop some cases from ever managing to reach the courts.
The Crisis in Care for the Elderly
Sonya Byrom, Personal Injury Solicitor
The recent open letter to the government organised by the Care and Support Alliance, calling on the government to look into care reforms now as an urgent priority, should make uncomfortable reading for all.
The fact that social care is in crisis at the moment is universally accepted, and with the ageing baby boomer generation, the issue is increasingly urgent.
This is a problem for everyone in society, not just morally, but also on a very personal level, as whichever way you look at it, the ongoing failure to deal with the problem will touch us all individually at some stage, whether in relation to relatives, friends, and/or potentially ourselves, representing at the very least a “Sword of Damocles” over everyone’s heads.
Furthermore, if the government fails to deal with this issue, personal injury lawyers will sadly have to pick up the pieces at the other end. As funding cuts squeeze services, this often leads to care service providers cutting corners, inevitably resulting in the standards in the care provided falling, which can all to often lead to negligence, and consequent suffering on the part of vulnerable elderly people. Stretched staffing resources leave gaps in care, or, worse still, leave gaps for perpetrators of abuse to flourish.
Nursing home and care abuse cases are always harrowing, and something no one wants on any level, and will also have the additional unwanted result of adding a further financial burden to an already stretched system.
The government clearly needs to take urgent action as otherwise huge numbers of vulnerable elderly people will be condemned to a potentially wretched existence, which must be a condemnation of any “civilised” society.
In the spotlight: Perverting the course of justice
Stuart Page, Associate & Serious Crime Solicitor
Perverting the course of Justice is an offence which can only be heard before a judge and jury therefore the first appearance although it is before a Magistrates court will merely be a matter of administration to “send” the case to the crown court.
It will only involve the defendants identifying themselves and then the date for the first appearance at the crown court being fixed.
The ingredients of the offence are that a person has to do an act, you cannot commit the offence by not doing anything which has a tendency to and intending to pervert the course of justice.
Therefore there has to be a positive act, you can not be reckless and commit the offence.
The word pervert has almost the same meaning as “alter” and that the act may lead to a “wrongful consequence” the course of justice does not need to be altered but if the consequence of the act is that it may lead to a “wrongful consequence” then that is enough.
Conspiracy to pervert the course of justice adds an ingredient of “agreement” between the parties, this element is an aggravating factor in that it was planned.
Leadership: Can it be learnt?
Can leadership be learnt? Below is a guest blog post regarding leadership qualities and we thought this would be a pertinent subject for solicitors; often some lawyers can be brilliant at practising law without paying as much attention to their business skills. Any comments welcome below.
Leadership calls for an ability to connect with and lead a group of people towards a common goal to achieve the desired results. Galvanizing people and bringing out the best in them is also a part of the skills of a leader. It is possible for us to list out numerous qualities that are desirable in a leader. This means that it is quite easy to learn what one should to do to become an able leader but whether one is able to make such qualities a part of one’s character and personality is something to ponder over. Let’s take a look at the various parameters on which the leadership qualities of a person are judged and whether these qualities need to be inherent or can be acquired over a period of time.
1. Vision and farsightedness
It is extremely important for a leader to exhibit pragmatism. Goals are built only to fulfill a vision. Vision needs to be backed by insight. A person can work on his knowledge but one cannot turn into a visionary overnight. It is either inherent or comes from a deep understanding of the domain. A person with keen interest to gain knowledge in a domain can turn into an effective leader over a period of time on the back of his knowledge.
2. Communication
For a leader, it is important to be able to communicate with a group to effectively present one’s views and also to get people to speak their mind. For a group to achieve a common goal, communication channels should always be kept open to leave no room for doubt or lack of faith. One can train to be a good communicator. An understanding of the proactive approach that is likely to work for the better of the team can help a person in communicating effectively.
3. Motivational skills
As a person learns to communicate with the members of a group to understand the weaknesses and strengths of the team members and the team as a whole, it is possible to gauge what works best for motivating each of the team members. A willingness to engage is needed and not inherent leadership skills.
4. Analytical ability
A leader must be realistic in setting goals. For this, it is important to have the ability to understand the capabilities of each team member and to set the goals accordingly. This skill can be acquired if one works with nothing but common sense.
5. Decision making skill
An indecisive person can never be a good leader as decisions are needed to be taken at every step to achieve clarity on an appropriate course of action. A person with the requisite knowledge and understanding and an ability to take calculated risk after careful consideration can be a good decision maker. Those, having worked in a domain for long and those with a deep theoretical understanding of the same, are likely to emerge as confident decision makers. In effect, this too depends on the ability to learn.
Even for a group of people to take a person as their leader, it is important for people to believe in that person’s vision and goals. For you to prove yourself as an effective leader, do not just depend on what you know. Make an effort to imbibe the required qualities. Work on your skills gradually. You can acquire other skills but vision and foresightedness are a function of your knowledge and intelligence. Keep abreast with the happenings in your domain and never give a learning opportunity a miss.
About the author: Margaret is a blogger by profession. She loves writing on environment and styleguru. Beside this she is fond of books. She recently did an article on hyundai eon price. These days she is busy in writing an article on Bi Fold Doors .
Yahoo to investigate chief executive’s academic credentials
Mark Higgins - Employment Partner
Grapevine HR report that Yahoo are to investiagte claims that their chief execuitve, Scott Thompson, “embellished his academic credentials” on his CV.
This particular example looks to be something of a storm in a teacup since it is not in dispute that Thompson holds a Bachelor’s degree – merely the exact subjects he holds the degree in.
Nevertheless, the story should serve as a reminder to candidates for any position that lying on a CV or other document submitted in support of an application for employment is likely to result in summary dismissal if the lie is uncovered.
Contrary to the view apparently taken by Alan Sugar when one of his executives, Steve McQueen, was found to have ‘lied’ on his CV, candidates who misrepresent their qualifications demonstrate a fundamental lack of honesty and fair play.
If they can lie on their CV, then they can lie about any other aspect of their work and hence cannot be trusted.
If you require an employment solicitor please contact me on 0161 832 6131 or email mark.higgins@ralli.co.uk.
