How To Test And Then Manage A Prospective Solicitor

Communications and customer care is often not a solicitors' strong point (surprisingly enough).

Pretending to be experts in all aspects of law can be. After all, it's a legal matter, isn't it?

But think about it - would you send your brand new BMW to a 1960s Trebant car mechanic? After all, it's a car, isn't it? Litigation is expensive and life changing.

Litigation expertise needs to be field specific developed over a period of time.

To ensure you are making the best possible choice, ask a prospective solicitor these simple but important questions:

How many cases have they dealt with respect to this issue?
How many have they won?
Ask for some examples of those wins (as they should be in the public domain).
Ask examples of some you lost? (If they reply they have never lost any, run a mile because they would be lying).
Please give me contacts I can talk to you that are happy with your service? (Of course they are not going to give you bad ones, are they? But if they can't provide any at all, then there is a message in that, isn't there?).
Who can you talk to in the firm if they are not around that can pick up the file and run with it.
For the most part, do they use counsel to or do they write their own defences? (A red alert if counsel, because that demonstrates a lack of knowledge and confidence in themselves, not to mention the astronomic cost and a further removal of you as the person who knows exactly what happened).
Do they use agents to represent at distance courts? (Insist they use known counsel or themselves in these matters, it is worth the expense - quality of agents is a real issue).

And run a mile if you get fobbed off with them saying we can deal with any litigation but they can't provide any real sustained experience of dealing with your type of litigation.

Once you are as satisfied as you can be with the fact they can do the job, it doesn't stop there.

How to manage your solicitor

Ask for monthly invoices so you can stay on top of costs and payments, even suggest to them that if they do not invoice monthly you may not be able to pay their bills.

Alternatively, if you are really strapped for cash, don't ask for any bills. Solicitors are renowned for being slow to invoice and chase for payment - but when it does arrive, do not be surprised if it is a whopper, and expect a hard time if you don't or can't pay.

Keep abreast of the evolving situation as to probability of success - discuss with the solicitor when a settlement might be most appropriate.

Put all communications in writing - even if you have a phone conversation confirm what was said in writing - by email will do.

Many people think that you hand it to the solicitor and that is it, the case will take care of itself. You could not be further from the truth. They can only act on what you tell and give them, you have been involved in the detail and as brilliant as solicitors think they are (and they are often not), most of them are not psychic, so don't make assumptions and don't put them in a position where they are second guessing you - it's bad enough for them that they have to do that regarding the other side, they really are on a losing wicket if they are having to do that to their client as well.

And you have to do your bit to. If the solicitor is asking for documents, a statement or information, provide them in a timely manner. Providing the information a day, hours or minutes before a court hearing is hardly going to enable a solicitor to act in your best interest.

And you need to tell the solicitor everything the other side knows or are likely to know that is even slightly relevant to the case - too many cases are lost by a late entry piece of evidence, or evidence that is overlooked, that blows your story of events apart - don't take that gamble.

Mel Loades
Personal Guarantee
...how to minimise your exposure when yours gets called

http://www.personal-guarantee.co.uk/

View the original article here

Choosing The Right Divorce Solicitor For Your Case

Going through a divorce can be a stressful experience for everyone concerned. Hopefully, it's a mutual decision and both parties will act reasonably to conclude the divorce with the minimum of aggravation. Whatever the circumstances behind your divorce, it is likely that the services of a solicitor will be required. There are several factors to consider when choosing and appointing a solicitor. Giving a little consideration to these factors can make the entire process progress more smoothly.

By far the best way to choose a solicitor is via word of mouth from a trusted friend. A friend who has successfully been through a similar experience will be able to give you an impartial recommendation. If this is not possible, then following a few simple guidelines should make the selection process easier.

You are likely to be discussing very personal aspects of your life with your solicitor, so he or she should be someone you feel comfortable with. Consider whether you would be more comfortable working with a male or female solicitor. An initial meeting, ideally free and with no obligation, is your chance to chat face to face with your prospective solicitor to see if you feel comfortable talking to them. If you don't feel relaxed and confident in their abilities, don't be afraid to decline their offer of services and look for an alternative.

By law, solicitors have to be qualified. This doesn't mean, however, that all are equally experienced. Be sure to search for a solicitor with extensive experience of handling divorce cases. Not only will this give you peace of mind, it will also make for a smoother and more efficient handling of your divorce. Many solicitors will specialise in divorce cases, but it's still worth checking how much experience they - personally, not just their firm - have.

It is possible that you will need to spend some time in person with your solicitor, even although most communication may be done via email and telephone. Make sure that your he or she is going to be available to meet when required, and that they are not too far away. Having met them initially, you should know you will be comfortable dealing with them and, quite possibly, discussing detailed family affairs.

Finally price is likely to be a factor in your decision, but it should not be the overriding one. Make sure any costs and charging policies are discussed up front. If money is tight, paying in installments is one way to help with cash flow. It may even be possible to agree a fixed fee in certain circumstances, but check the small print for any exceptions.

With a little thought up front it should be possible to complete your divorce in the minimum time with the minimum fuss - then enjoy looking forward and moving on with your life.

For more information on divorce solicitor

View the original article here

What To Look For When Choosing A Family Law Solicitor

It is an unfortunate fact then when choosing a family law solicitor most people are at a stressful period in their lives. It is important, therefore, that your solicitor, as well as being experienced, is understanding, accessible and reliable. Like any buying decision, it's worth carrying out some basic due diligence before making a choice. As always, by far the best way of choosing a solicitor is by word of mouth from a trusted friend - this way you know that there are no vested interests. Failing that, some other basic steps should enable you to choose the right solicitor for you and your circumstances.

The primary requirement is to find a solicitor who is experienced in the particular area of family law you require assistance with. Ideally, he or she will have at least several years experience with cases similar to yours. This not only provides reassurance, it also means that your case is likely to progress more quickly and smoothly. You shouldn't be paying for your solicitor to get up to speed.

Ideally you should also be able to meet your solicitor in person. Although it is technically possible provide legal services via telephone and email, a face to face meeting can be much more productive. This is especially relevant when, as is likely, you will be discussing sensitive family matters. At the very least, your first meeting would be much better conducted in person. After this, it may be possible, or even beneficial, to conduct proceedings remotely.

Cost is always a consideration when choosing legal services - but it should not always be the deciding factor. As with everything in life, cheapest isn't always best. It's important to establish in up front whether you will be charged a fixed fee, or be paying an hourly rate. Either way, being able to pay in instalments is a good option to ease demands on your cash flow.

With a little care, choosing a family law solicitor should not be too stressful. If you follow the advice above, you will be in a position to make a well-informed choice. Once your solicitor is appointed, he or she will be able to not only provide the legal advice you require, but help you through a difficult time in your life. By initially making a careful choice of solicitor, your problem will be brought to a satisfactory conclusion quickly, sensitively, within budget, and with the minimum of stress.

For more information on a family law solicitor

View the original article here

How Can a Franchising Solicitor Be of Help to You?

Lots of people dream about setting up their own businesses and escaping from the perils and the instability of the 9 to 5 routine.

However starting your own business from scratch isn't easy either, which is why some people consider the idea of taking on a franchise opportunity instead.

A franchise offers you the chance to use the name and brand of a company that is often already well known. But instead of working for the company as an employee, you will be a franchisee instead. This means you can enjoy all the perks of self employment while being backed by a well known company that will provide you with support, training and many other things as well.

However it isn't wise to jump into the first franchise opportunity you find. It would be a situation of major importance and it would also be vital to get it just right. This is why lots of people in this situation look for a specialist franchising solicitor to enable them to get the information they need on how to proceed. Every business has its own way of franchising an opportunity, but as the franchisee you need to be sure you are in the best possible position to proceed. If a franchising dispute should crop up you definitely wouldn't want to go into the situation alone. The right franchising solicitor is priceless at this point in time, because they can advise you on where you stand legally.

This makes it sound as if you can expect a franchising dispute whenever you consider opting to buy into a franchise of some kind. This isn't the case of course, but it is certainly the case that a franchising solicitor is going to be essential if you do find yourself in such a position. It will invariably ensure that any disputes that do arise during the course of such a relationship will be resolved faster than they would be otherwise. Above all, by getting a specialist franchising solicitor on board from day one, you can do your best to minimize the chances of any dispute, by making sure that the franchise agreement [the document that sets out the terms and conditions of the franchise] is just right.

There is no doubt that owning a franchise can be an enormously rewarding. But it is always wise to have a professional on hand because they will be able to help you with any queries or questions you may have, both before and during the franchising process itself.

Involved in a franchising dispute? Make sure you get the right legal advice from a specialist franchising solicitor at Bonallack & Bishop.

View the original article here

How Do You Find A Good Solicitor?

Whether you are buying a home, putting together a business deal, suing someone or defending against a criminal court case you are going to need a solicitor or lawyer to assist you with the legal intricacies. The trouble is, how do you know which solicitor to choose?

The phone book and internet are full of solicitors, lawyers, barristers and all kinds of legal practitioners. You will need one you can trust, one you can be sure will work as hard possible, one that knows your particular area of legal requirement inside out and one, of course, that isn't going to cost you more than you can afford to pay.

That's a pretty demanding list of criteria, so where do you start? Decide what kind of solicitor you need. A criminal lawyer is obviously going to be required if you're defending against police charges, but there are solicitors who specialise in all kinds of legal areas, including medical negligence, conveyancing, contractual law and many more.

If, for example, you have suffered from medical negligence and want to sue for medical negligence compensation, then choosing a medical negligence specialist is clearly the way to go.

Now you need to see who has those qualifications and specialities, make a list and investigate further. You can do this by contacting the companies or individuals themselves and asking questions, you can ask around your friends and family for recommendations and testimonials and you can read reviews and opinion on the internet, where they are freely available.

The best way to find a good lawyer is from word of mouth. Better yet if it comes from people you know, but even anonymous reviews can provide good insight into the capabilities of individuals or firms. Just remember that those who have had a bad experience are for more likely and more incentivised to publish a review than those who got great service, so you have to weight that up when making your decisions.

It is up to you, though, to decide who you will be most comfortable talking to, trusting in and ultimately who you think will achieve the best result for you.

The next thing to consider is cost. Solicitors and lawyers are not cheap and depending on the case in question costs can run into the thousands. Ask yourself if the solicitor or lawyer is worth what they are charging. Find out if you can get assistance with costs via Legal Aid. Ask if the solicitor will work on a No Win, No Fee basis. In other words, if you are suing someone or some institution for compensation, will they take payment only if compensation is awarded and out of the money that is won?

These are good ways of keeping costs to a minimum - and in some cases, eliminating them all together.

Whatever kind of lawyer you require you can find a good one by putting in the research and setting your budget. Good luck with your cases.

Ben Greenwood is writing on behalf of Pearson Hinchliffe, medical negligence solicitors experts in medical negligence compensation.

View the original article here

Finding a Solicitor

Law is often complicated to understand and so it is usually best to employ the services of a solicitor when entering into any sort of legal agreement or dispute.

There are many solicitors around but how do you choose which one to use?

It will help if you are clear what sort of solicitor you need - a generalist or a specialist. Specialists are particularly knowledgeable in their chosen area of expertise and are therefore very useful to have on your side if you are in need of advice in certain areas of law. You will find that solicitors have often have a few chosen specialisms such as Wills and Probate, Court of Protection and Tax.

The first thing that you might do to go about finding a suitable solicitor is to ask friends and family if they can recommend anyone. This is useful because if they do suggest anyone, the suggestion will be coming from a trustworthy source and so the solicitor is more likely to be a good match for you.

If you can't get a personal recommendation then you will need to look around yourself. The easiest place to start is on the internet. Look up solicitors in your area by searching for something like 'Solicitors Salisbury' or 'Solicitors Southampton'. You will find that there are quite a few that are listed just on the first page of results. Anything listed under 'ads' is a paid listing. Sometimes people trust these less because a company is paying their way to the first page listings rather than using the organic method where (in very basic terms) links from other websites act as an endorsement for a site and help push it to the first page.

If you need a specialist solicitor, try including that in your search, e.g. 'residential conveyancing Salisbury.' This will return solicitors that cover the precise area of law that you need.

Once you have found a few firms on the web, look for testimonials and feedback. If you are happy with what you see, you will need to narrow down which solicitor you are going to use. This can be done by looking at where they are located (although it will be worth your while travelling a little further to get to a better solicitor than just sticking with the nearest one). You can also call up a few of your shortlisted firms and see if they impress you on the phone. Don't be shy about asking what experience they have and what their success rate is for similar cases.

You can also go to the website of The Law Society and use their lookup facility. They have information on what to expect, guides to common legal problems, and what to do if things go wrong. All listed solicitors in their 'Find a Solicitor' section will hold a license to practise from the Solicitors Regulation Authority.

If you find a good firm of solicitors, the chances are that you will build up a relationship with them and that if you need legal help again you already have someone to turn to.

View the original article here

Reasons For Hiring a Franchise Solicitor

If you are thinking of becoming a franchisor or franchisee, or if you are already involved in a particular franchise, you are highly likely to need the services of a franchise solicitor.

This article looks at how a franchise solicitor can help you and why you should definitely make sure you have a team of specialist solicitors on your side - and ones who can provide a wide range of legal support including intellectual property advice.

Initial advice

One of the main reasons for using a franchise solicitor is that they will be able to provide you with specialist advice. Making the decision to become either a franchisor or franchisee is not one to be taken lightly and so it definitely pays to be informed and make sure you have explored all of your options before taking the plunge.

For instance, franchising solicitors will be able to help parent companies decide whether to expand through franchise or whether there are other, more beneficial options that they should explore as becoming a franchisor isn't right for everyone. Solicitors will also be able to advice would-be franchisees, making sure they know their rights and responsibilities and making sure that they have the financial ability to buy into their new business before going ahead.

Drafting new agreements

Another key role of solicitors is to draft new franchise agreements. This is really important as all agreements need to abide by UK law, European law and the relevant code of ethics. This means that agreements have quite a lot to take into consideration and so the services of specialist solicitors will be invaluable.

Reviewing and terminating agreements

Agreements also need to be reviewed from time to time to make sure that the contracts are still relevant, up-to-date and cover all appropriate eventualities. This is something else a franchise solicitor will be able to do, as well as providing assistance in the event that an agreement needs to be terminated.

Intellectual property

Intellectual property [or IP] incorporates issues such as business trade name, trademark, other branding and any other material associated with the business. This could include training materials or perhaps a particular model of business, what the code of ethics refers to as 'know how'. It is important to get specialist intellectual property advice so that the right arrangements are in place to make sure the owner of the intellectual property (normally the parent company) is protected, but that the franchisee can also operate under the relevant brand without hindrance.

Resolving disputes

If any franchise disputes were to occur, a solicitor would also be able to assist to help resolve them, meaning that the role of the franchise solicitor is both varied and immensely important when trying to create a successful franchised business.

If you require a specialist franchise solicitor, talk to Bonallack & Bishop - solicitors who can also provide you with the city quality intellectual property advice your franchise will require.

View the original article here