Log In | Subscribe | | |

Legal Profession

A firm of solicitors which came to prominence because of its owner's predilection for fast cars, big tax demands, grand expansion plans and a secretive grant from taxpayer's funds (see story) is back in the news, this time for "falsely and systematically" overcharging claims for costs in personal injury (PI) cases.

CoNet Section: 

The Solicitors Disciplinary Tribunal has published its November 2016 order that MOHAMMED ZAHIR UDDIN, sole director of Your Right Solicitors Limited, be struck off. His failings are legion and, even, disturbing.

CoNet Section: 

A note of personal sadness: long, long ago, this writer was considering his future. At the top of the list of highly professional firms that attracted him was Mallesons in Hong Kong. But a family discussion resulted in staying in London and taking a radically different approach. The hankering remained but the shine is wearing off as the now global association of practices is heavily in debt, shedding staff and trying to hive off offices and teams.

CoNet Section: 

In the UK, there is an epidemic of advertising and other forms of marketing by companies who then pass leads to firms ( which, these days, are often companies not firms) of solicitors. Their advertising is annoying and sometimes misleading; but there are practices that are downright unethical and borderline (or perhaps over the border) illegal. Can the practice be prevented? Perhaps it's time to wind back the clock on fee sharing.

CoNet Section: 

...Continued from yesterday

A McKenzie Friend cannot be the representative of record that is he cannot provide a "firm" or an address for service. He cannot be the agent of a litigant in person and so he cannot e.g. issue proceedings on his behalf. He does not have a right of audience, that means he cannot address the court directly, unless, in exceptional cases, the court might grant, on a one-off basis, a right to address the court and to examine witnesses. However, more McKenzie Friends are making applications for rights of audience and are being granted.

CoNet Section: 

It's not so long ago that advocates in any court had to be legally qualified. There was a fall-back position for those who were unable to afford their own solicitor or barrister and were, for one reason or another, going to find it difficult to present their own case. The reasons were, for example, that they were not sufficiently literate, or that they were disadvantaged by poor, or no, English or that they were of an exceptionally nervous disposition. But things have gone badly wrong.

CoNet Section: 

It used to be that the solicitors branch of the legal profession in England and Wales was compelled to purchase its professional indemnity insurance (PII) from a single, approved, insurer and the cost was very high. Rightly, the profession voted to widen the scheme to permit approved PII to be purchased from third party insurers on a competitive level. But things have not gone according to plan and the latest crisis threatens the future of several firms.

CoNet Section: 

There are those who misguidedly think that the world would be better off without lawyers. The UK legal profession's problem is that it has for so long abandoned its long-standing principles that it's become utterly rotten from within. Add in the deliberate destruction of the profession by successive governments and it's no surprise that there is a crisis from which few will emerge unscathed.

CoNet Section: 

A decision in an English court in the case of JG v the Legal Services Commission says that a party who is in receipt of legal aid (state funding) will not generally be authorised to obtain an expert witnesses report with full funding. But it's not that simple.

CoNet Section: 

Judge Jane Richards Roth of the U.S. Court of Appeals for the Third Circuit is an example of how a humble first job is no bar to professional success.

CoNet Section: 

The Legal Services Board is supposed to be the regulator of regulators for the legal profession in England and Wales. Its leader is not a lawyer and has, therefore, never been in practice. When the Legal Services Board wanted a review of "The Cab Rank Rule," they turned to a couple of academics and told them to read about it and write about what they found. They were both eminently qualified (not), having written a lot of stuff, read a lot more (quoting a lot of it in the stuff they wrote). Oh, and neither of them had ever held a responsible post in law or, for that matter, outside academia. And it's been a pointless exercise in proving the obvious, says retired solicitor Nigel Morris-Cotterill

CoNet Section: 

It's not a Trojan Horse, it's not a dolphin with a limpet mine attached to its back and it's not a rat with a lighted stick of dynamite taped onto its back running into its own oblivion. No, it's cat, coolly walking into a prison, through the main gate, with hacksaw blades, a mobile phone and other contraband held on with clear sticky tape. A break-out Kit-e-Kat (say that in mock Portuspanish and it kind of works)

CoNet Section: 

The Australian Securities and Investments Commission "has compulsory information gathering powers to require disclosure of information. This power may be exercised in respect of our regulatory work. However, information that attracts a valid claim of Legal Professional Privilege (LPP) does not have to be provided." ASIC has released an information sheet explaining the position.

CoNet Section: 

The English High Court has named four solicitors who have fallen foul of the Court's requirements when issuing immigration appeals.

CoNet Section: 

It's all becoming a little too Orwellian. When the previous, Labour government created the "Ministry of Justice" it sounded more 1984 than we were comfortable with. After all, the whole point of the various ministries in the book is to deliver the opposite of what their name promised. Recent changes to costs are removing access to justice except for those that can pay.

And it's all building up to look like a raid on solicitors' firms.

CoNet Section: 

Pages

 


 

hahagotcha