Legal proceedings and problems can arise at the most unexpected of times and are generally very expensive.

The government provides help to those who are unable to afford to fund legal proceedings themselves; this help is called Legal Aid. The system of legal aid and the types of work it is available for are currently the subject of big cutbacks planned by the Government, which are being hotly contested both generally and currently in the House of Lords.

Legal Aid will cover all or part of the legal costs of a case and the amount received is dependent on certain factors. In some situations Legal Aid money will have to be repaid to the Legal Services commission, who deal with its distribution on behalf of the government.

Criminal cases

If you have been charged with a crime you may be entitled to Legal Aid. Your solicitor should advise you as to whether this is the case or whether you would have to pay privately for legal advice and representation. Entitlement to criminal Legal Aid depends on a number of things. Firstly the income of the defendant; if they or their partner can afford to pay for representation then the government will not pay. Secondly the consequences of conviction or complexity of the proceedings; if a defendant is at risk of losing their livelihood liberty and substantial questions of law are asked then Legal Aid is more likely to be granted. It is very difficult to get Legal Aid when charged with driving offences whereas a charge of dishonesty such as theft will usually qualify.

When is Legal Aid available in civil matters?

Legal Aid is not available for all areas of law. It may be available in the following areas:

• Actions against the police, such as for unlawful imprisonment;

• Clinical or medical negligence claims, where damage has been suffered due to the fault of a healthcare professional;

• General contractual claims brought as a consumer against businesses;

• Claims over entitlement to state benefits;

• Claims against social services where their standard of care has been lacking;

• Debt claims and bankruptcy advice;

• Employment claims for unfair dismissal and discrimination;

• Orders sought in family law, including residence and contact with children and some financial matters upon divorce or separation;

• Housing cases where eviction is threatened;

• Immigration and deportation cases; and

• Public law claims, for example challenging the decision of a local council.

Legal Aid is usually NOT available for the following areas:

• Claims for negligently caused personal injury;

• Actual representation at tribunal in employment cases;

• The legal aspects associated with buying and selling property;

• Libel, slander or malicious falsehood;

• Boundary disputes; or

• Making a will.

What is the test for entitlement?

Entitlement to civil Legal Aid is based on:

1. The specific type of case;

1. The financial situation of the applicant and their partner, including income and savings; and

1. The prospects of success.

What does Legal Aid cover?

There are various types of Legal Aid which cover different aspects of the help required with a case, they are:

• Legal Help – This covers the cost of the first stages of proceedings, taking appropriate and specialist advice on the relevant area of law. This can also extend to the costs of negotiation and the drafting of legal pleadings and case documents.

• Help at Court – This covers the cost of someone speaking on your behalf in the civil courts where there is no substantive hearing but some issues need to be decided or clarified, for example where someone admits to owing money but wants to pay in instalments.

• Family Mediation – This will pay for an independent mediator to assist with disputes over family issues. Issue can include parental responsibility, residence or contact with children.

• Family Help – This covers all aspects of legal assistance with family disputes over children or finances apart from representation in court.

• Legal Representation – This will pay for representation by a solicitor or barrister in court, be it for trial, directions hearing or appeal.

Repaying the Legal Services Commission

If a repayment is to be made it will take one of three forms:

a)    A lump sum – where an amount is repaid in one transaction;

b)    Income contribution – where a small amount is deducted from monthly income until the amount owing is repaid; or

c)    A statutory charge – where the Legal Services Commission gets a chunk of the money which has been won in the case.

We always find the topics of lawyers and marketing interesting. Frankly, in general terms, subject of course to many exceptions, lawyers to date are simply miles behind on marketing. This is probably partly due to the fact that historically, law has been a profession, and professionals somehow think that it’s not befitting their status to actively promote their businesses, and we think the second issue is that lawyers generally are so risk averse that they are not prepared to invest money in marketing where there can be no guarantee of results.

The trouble is that law has become far more competitive, there are already a significantly excessive number of lawyers per general populace and this is without the entry into the market of external suppliers, some of whom are big big companies, which is now literally imminent. Lawyers need to wake up and very fast.

So, on the one hand, what follows below is encouraging, indicating a rapidly growing engagement by lawyers in social media. On the other hand, whilst LinkedIn and social media generally are great, they are not, in isolation, a form of integrated marketing strategy and we have to say, maybe the reason they are popular with lawyers is because they are free.

In any event, below are some findings about lawyers take up of LinkedIn, which is particularly useful for corporate lawyers, perhaps not so worthwhile for say, family lawyers.

• Nearly 50% of partners and staff in the top 50 law firms have LinkedIn accounts, a 100% rise in a year
• PR firm Kelso Consulting research suggests that the above equates to 40,000  plus accounts of legal staff employees from the top 50 firms.

Is it any wonder that there is growing outrage in the majority of the population against the super rich. Being successful and clever is to be applauded but the richest also often know how to manipulate the rules to their advantage and find loopholes.

This in turn can fall into 2 categories, the tax dodging tactics which may be considered somewhat immoral but which are legal, and those which are both immoral and illegal.

Taking the first category, a block of some of the most expensive flats in London are being sold off with the prospect of little or no stamp duty revenue being paid – how is this possible / well, what happens is that apparently each property was set up under a different company when leases were granted by the developers. The buyers of the flats are then able, if they so choose, to simply buy the shares in the limited company to gain ownership of the property, and will not have to pay stamp duty.

The second category is frankly outrageous – reports this week suggest that only around 15% of the flats sold in the luxury development are paying council tax. The difficulty for the Local authority is that it is very difficult to find out who actually owns these flats since most of them seem to be owned by offshore entities and the cost of trying trace the ownership of these properties, even if successful, could be disproportionate to the amount owed. The principle of this type of tax dodging is outrageous as well as illegal.

Putting all this into context :-

• The flats in question range  from £3.6- £136 million.
• The  Liberal Democrats claim that up to £750 million of stamp duty is being dodged each year

Winter holidays can be incredible fun and a fantastic break from the humdrum routine of everyday life back at home. Summer holidays are great fun too but there is something extra special about getting out of the country and exploring new places when the weather at home is gloomy and cold and the days are at their shortest. There are two main types of winter holiday that people generally choose: the skiing holiday and the exotic holiday. There are many ski destinations in Europe and beyond in the winter, and people who like active breaks might love this kind of holiday. If someone wants to catch a bit of warm sun though, they have to travel further afield and find distant shores where it feels like ummer, even in the depths of British winter.

These breaks are hugely appealing and there are few people who would turn down such a vacation if they had the opportunity, but unfortunately not every holiday is a dream break. Being abroad does not prevent mishaps and accidents happening and a fabulous break can quickly become a nightmare holiday. In such circumstances it is possible to make holiday compensation claims, which can offset costs and trauma involved in a horrible holiday.

What can go wrong on a winter break?

Numerous things can go wrong on a winter break, but the two main concerns that can really ruin someone’s experience are becoming ill and having an accident.

Illness – on holiday illness can be caused by all manner of things. Food poisoning is a common cause of illness and it is possible to become very ill in some countries where food hygiene may not be what it is in the UK. Salmonella still occurs in some places and as most holidaymakers spend a lot of time in restaurants, cafes and hotels they are exposed to many different food sources.

Illness can also be caused by insect bites from mosquitoes to sand flies, spiders and a number of other creatures and parasites. There are also of course venomous and dangerous animals in some regions of the world that could cause people to become very ill.

Accident – health and safety standards are lower than the UK in many places which makes accidents more likely. These could be road accidents or simple slips and tips on slippery surfaces. If someone goes on a winter break to a skiing destination of course there are dangers inherent in this sport. Whether skiing, snowboarding or pursuing other winter sports, people can have serious accidents, from sprains and bruises to broken limbs.

Thankfully for people who are unfortunate enough to suffer from any of the above ailments and calamities they can make holiday compensation claims. Claims can be made for a variety of different mishaps and accidents and there are many legal firms that have specialist departments that deal with claims from people whose holidays have been ruined.

What can people make compensation claims for?

If illness or accident does strike on holiday people may be entitled to make claims for the following:

• Personal expenses – claims for personal expenses can cover things like medical costs, travel insurance excess and such expenditure.

• Holiday experience – claims can also be made for the period of the break that was ruined by the incident of illness or the accident that occurred.

• Holiday enjoyment – if someone did not enjoy their holiday because of their accident or illness they can legally seek compensation.

• Loss of earnings – if events on holiday prevent someone from earning money by working on their return, compensation is available.

• Care – if extra care is needed as a result of events on holiday this can be compensated.

• Future loss – if future earning will be lost and further costs incurred, compensation can be sought to offset this.

• Pain and suffering – compensation is sometimes available for pain and suffering, but this depends on the nature and severity of accident or illness.

Sometimes nightmare holidays just can not be avoided, but thankfully it is possible to make holiday compensation claims which can be vital for someone who has endured significant suffering on their winter, or any other break.

The internet has revolutionised most businesses, and yes, that even means law ! Previously, it was very difficult for non-lawyers to get to grips with any kind of legal topic due to the cost and general technical authoring of weighty textbooks. Now, there are a plethora of law related sites both created by solicitors and non-solicitors which often break down legal concepts into easier to understand summaries in plain English. Even lawyers are now having to explain legal concepts in plain English ! And, if all else fails, there is always wikipaedia, which remains a fantastic resource.

Having said all of the above, in some circumstances, where important legal issues are at stake, our own personal opinion is that it remains important to seek out a specialist solicitor local to you rather than the growing trend of choosing and transacting with a lawyer online, in a different city, often having looked for a competitive costing.

Most individuals and small businesses will, still instruct small to medium size law firms, typically those with less than 10 partners. Whilst this may mean that there are solicitors in that practice with different specialisms, the smaller the firm, the more you are likely to deal with a generalist. This can have significant consequences in some areas of law. This is not only because some areas are particularly technical and wide ranging but because, like anything in life, experience counts. None of us go to lawyers just to be told what the law is.. Whilst lawyers cannot or should not, make decisions for clients, they should be able to guide the client based on experience.

If you don’t instruct a lawyer with experience of your particular issue, you are taking a big risk. The lawyer may say to you, for example, that he or she is a litigator and can handle an employment case. However, employment law is very wide ranging and a specialism of it’s own and the Employment Tribunals are completely different to the County Court or High Court. This is just one example.  If you end up instructing a generalist, the lawyer may well persuade you that you need assistance from barristers. The solicitor will want to cover his or her own backside and may rely on barristers more than would be the case if they were a genuine employment law specialist. And guess who would be paying for solicitors and barrister’s fees ? Yes, that’s you.

Having stated our opinion on the value if instructing a genuine specialist, we also believe atht there are still very good reasons to instruct someone locally, if there is someone in your area who specialises. The realtionship of solicitor and client si still fundamentally one of trust. there are few more important matters than matters which require the guidance of a solicitor.

It is vital that you are content with the person you are dealing with and can gain ready access to that person fora  face to face meeting if something important needs to be addressed or a problem arises. You simply won’t get that if you are in one city and your solicitor is in another.

There is also the fact that if too few people use local services, sooner rather than later, there will be no local services. Experience suggests that once those local services are gone and we are forced to use call centres, we don’t like it, and want our local services back….

What do you think ?