Understand Your Rights. Solve Your Legal Problems
Few professions are so steeped in history and age-old customs as the law. The legal profession itself goes back as far as ancient Greece and Rome, and even today, formal robes, and in some cases wigs, form the garb of barristers and judges in all Senior Courts of England and Wales.
A reverence for tradition – while understandable in many contexts – means that implementing reforms and embracing transformational ways of doing things rarely runs smooth. That’s not to say, however, that the courts have remained universally rooted in the past. For example, even before the onset of the pandemic, the UK’s Digital Case System – which allows case material to be accessed, prepared and presented digitally by the judge, clerk, defence, prosecution and probation – had saved more than 100 million sheets of paper since 2015.
But of course, when Covid first hit – I say ‘first’, its ability to boomerang back leaves much to be desired – law firms large and small were hardly immune to its insidious impact. While demand for accessible legal assistance is heightened in times of crisis, lawyers, just like the rest of society, had to rapidly adapt to the new normal of zoom calls and physical distancing, home working and shuttered businesses.
So how have they gotten on?
Although lawyers and IT often make for odd bedfellows, there is little doubt that the pandemic served as a catalyst for further digital transformation across the profession. The need to maintain and safeguard the administration of justice meant that the introduction of virtual courts, remote hearings and digital case management was quickly accelerated. Such initiatives, as well as government programmes such as the furlough, helped ensure that the profession managed to largely avoid sweeping closures and redundancy programmes.
For example, data from the Solicitors Regulation Authority shows that the number of regulated firms fell by 1.9% between December 2019 and December 2020. Sadly, legal aid firms have struggled the most with over 70 closing since April 2020. At the other end of the scale, however, record deal activity helped four elite London firms, known as the Magic Circle, report bumper results.
The good news is that the economy appears to be recovering strongly and contract opportunities across the public and private sectors have thankfully remained plentiful. For example, there have been over 1,500 open tenders worth more than £928 billion issued by the UK and Republic of Ireland governments within the last 12 months.
Of course, such opportunities vary in size from the smallest to the largest, but competition is fierce – if anything fiercer than before Covid and likely to remain so as the firms jostle for advantage as the economy recovers. While who you know is still important in any procurement, the process is becoming ever more digital, with more tenders moving online and industry open days and other one-to-one interactions becoming an ever more digital experience.
The sheer scale of this conversion to all things digital means that now, more than ever, businesses – including law firms – need to industrialise their business winning processes. This will enable them to reap digital dividends, such as using technology to streamline procedures and increase their own efficiency, and in the process save their precious time to do the things that cannot be streamlined – such as the human interaction that can often secure the golden nugget of information that secures the win.
An online treasure trove of information is now available, on both the market and on new opportunities that organisations would wish to bid for. Using data feeds, market trackers (like my very own Contract Finder Pro, for example) and integrating both outsourced (like bid writers and legal teams) and insourced components and services, the business winning process can become increasingly automated and slick.
Since there is never quite enough time to write a bid, those organisations that can automate the process most effectively and take advantage of the digital opportunity at hand will be more competitive than those that don’t. Their reward will be larger market shares and the promise of even more competitive advantage still to come. The future really is digital.
About the author: Sandy Boxall is the founder and Managing Director of Contract Finder Pro sandy.boxall@contractfinderpro.com
Around one million people attend hospital with some form of head trauma or brain injury every year. A substantial percentage of these people suffer ongoing symptoms after their head injury. These symptoms range from mild, short-term difficulty with memory to severe cognitive disability.
Clarke Willmott will now help the organisation provide a complete package of support to those who need it, following a tough application process and having demonstrated particular expertise and experience in brain injury litigation. The team of brain injury solicitors at Clarke Willmott specialise in dealing with the issues that arise from brain injury, including bringing claims for brain injury compensation and advising on issues relating to capacity, financial affairs and care.
Chris Thorne, head of personal injury and medical negligence at Clarke Willmott, commented: “We’re delighted to be working with the Brain Injury Group, which does fantastic work in helping families access legal, welfare and statutory funding help as well as many other services. It’s great to have this accreditation and to work with like-minded organisations across a range of professions who are experienced in dealing with acquired brain injuries to secure the best results for our clients.”
Managing director of Brain Injury Group, Sally Dunscombe, said: “Chris Thorne and the team at Clarke Willmott have an outstanding reputation for assisting people who have sustained a brain injury and we’re delighted to have them as members of Brain Injury Group.”
For most, a divorce is a harrowing experience, and the stories you will hear about most divorce cases are simply brutal. That is why you need a divorce attorney to guide you through the divorce process. However, choosing the right attorney for your divorce is much more difficult than it appears. The following are tips to help you choose the right attorney to help with your divorce.
Before you even choose an attorney, you should first understand the grounds for divorce. These are the circumstances under which the court will grant a spouse a divorce. Grounds for divorce will include issues like adultery, sexual harassment, irreconcilable differences, imprisonment, and domestic violence, among others. The grounds for divorce have to be proven before the court can grant a divorce. The legal experts are often invaluable in establishing the grounds for divorce. You should also know that there may be different grounds for divorce in other states. For example, the grounds for divorce in South Carolina might be slightly different than those in New York.
Not all divorce cases have to end up in a nasty court battle with teams of attorneys arguing on both sides. There are different divorce processes depending on the relationship between the couples. Some of the processes include mediation, litigation, and collaborative divorce. If you want to choose the right attorney for your divorce, you should first decide on the divorce process. You can then select the lawyer with the most experience in your divorce process. There will be divorce attorneys who are outstanding in court while others negotiate great out-of-court settlements. Therefore, choosing the right lawyer for divorce is dependent on the divorce process you choose.
If you want to choose the right attorney to help with your divorce, you should know what you want. Know what you want to get out of the divorce and the divorce process you want. Knowing what you want gives you a clear goal which will be your guiding light in choosing a divorce attorney, and the clearer your goal, the better. Write down what you would want to achieve from the divorce and use it to judge every lawyer you evaluate. It will help you to quickly and comprehensively eliminate every lawyer that is not right for you.
Choosing the right attorney for your divorce is much like choosing a doctor for a specific medical condition. You have to begin with research. Look into every potential attorney as well as you can before making your decision. Start with a phone call and ask them about their experience, qualifications, and judgement on your case. Most consultations are free for the first time. If you like what they have to say, go online and do more research about the lawyer’s past cases. See what past clients have to say about the lawyer. You will also have to interview the last potential lawyers. You will be confiding plenty in the lawyer, and how they treat you in person will tell you much of what you need to know.
You have heard it countless times, and it is still valid. Before you choose an attorney for your divorce, you should trust your instincts. When you are interviewing or researching them, and something feels off, please don’t ignore it. Go into it and if the feeling is not right, just walk away and choose another lawyer.
Choosing a lawyer is necessary during the divorce process, or you are in for a difficult time. If you choose the right attorney, your divorce will go smoothly. Follow the tips above, and you should find the ideal lawyer for your case.
Going through an accident at your workplace can be very traumatic and painful. You must regain your senses as soon as possible after the operation or medication in order to claim your fundamental rights. A personal injury means that another person or organisation is liable to pay for your compensation, including your mental and physical suffering. However, it can be very tricky to get your compensation claim accepted by the company or person. In addition, the company or person will do everything in their power to make your claim look fraudulent or your fault. Therefore, you need to be prepared to lodge a case for compensation. To help you, this article will guide you through all the steps that will make your claim look stronger.
Firstly, you need evidence to prove that you got injured because of something or someone. To verify your claim, you must have pictures of your injuries at the time of the accident and recall any witnesses present at the time of injury. This way, after you’ve been treated and your condition has stabilised, you can take the audio or video statements of your witnesses to help prove your claim. Further, you need to collect the reports from your doctor including a medical record that demonstrates the liability of your injuries.
Suppose you observe that you cannot convince the insurance companies with the proper evidence. In that case, you must get legal help from the most suitable lawyers. Hiring a trustworthy lawyer could save you from any problems or mismanagements in your case. However, before contracting one, you need to ensure that you get a personal injury lawyer who has excellent expertise and experience in the specific field you require. Choosing the right lawyer can save you time and money by handling the documents safely, using the correct statement and communication method with the insurance company, and getting your claim accepted in court or by settlement.
Your health should always be the top priority because once compromised, health can never be regained. Therefore, even if you are not well while obtaining your evidence, you must ensure it doesn’t add a further burden to your health. Therefore, after getting an injury, you should always get the necessary treatment done.
Once you have had your treatment and your evidence is ready, you must calculate the maximum amount you can get as compensation for your damage. This should be proportionate to the loss you have suffered due to paying for your treatment, potential salary loss, and expenses.
The insurance companies that would compensate for your personal injury may offer you a settlement less than its true worth, which you should not accept. This is especially important if your claim is strong and you have a great chance of winning your case.
From the beginning of your case, you must build your claim strategically with proper evidence. This is to ensure you get all your medical bills and other expenses back without any deductions from your salary. Even though you might suffer from bad health and traumatic mental conditions, you have to remain strong and make your compensation claim worth your injuries.
The 2021 scorecard report from Law Students for Climate Accountability gave out more failing grades to Vault Law 100 firms than it did in 2020. The group condemned 36 top law firms based on the litigation, transactions, and lobbying they handled for fossil fuel companies from 2016 and 2020. In their last report, the student group gave failing grades to 26 law firms for their fossil fuel-related work between 2015 and 2019.
In a statement, UC Davis School of Law student Michaela Anang said: "Communities most affected by climate catastrophe have made it clear that critical consciousness and action for environmental justice are imperative and past due.” Anang hopes that the report will encourage law students and professionals to “challenge the continuing complicity of the legal field, and commit ourselves to do better.”
As part of its scorecard report, Law Students for Climate Accountability invites and encourages top law firms to pledge to no longer take on any work that supports the fossil fuel industry and to phase out all current fossil fuel work by 2025. The report also asks law students to pledge not to work for poor-scoring firms if their personal and financial circumstances allow it.
Are boards of directors truly holding senior leaders accountable on the same basis as everyone else in the organisation? Ty Francis MBE, Chief Advisory Officer at LRN Corporation, explains why equal organisational justice — holding all employees accountable regardless of their rank or financial performance — is an essential building block of ethical corporate culture. Ty argues that it is ethical culture that sustains an organisation through the toughest times.
During 2020, as part of our annual Ethics & Compliance Program Effectiveness Report, we expanded our research to assess the impact of COVID-19 on ethics and compliance at more than six hundred companies worldwide, each employing thousands to hundreds of thousands of employees. The study provided a first, holistic look at how COVID-19 affected ethics and compliance efforts. The findings illustrated that strong corporate values sustained companies through the pandemic and its profound reshaping of work-life for most everyone.
As an additional view into the data, we looked at the role and impact of boards of directors on ethical culture, business outcomes, and ethics and compliance programmes. From the findings, it was clear that boards weren’t entirely successful in holding management accountable for failures of organisational justice. Only 64% of European boards of directors had taken an active role in ensuring that any misconduct by senior executives or excellent performers was effectively addressed. This suggests up to 36% are still providing exceptions for exceptional people, which is obviously corrosive to trust by the wider organisation. Interestingly, in South America, where (generally speaking) fewer organisations have robust ethics and compliance programmes, accountability was high, at 82%. This may be attributable to the recent slew of high-profile scandals ending with senior executives being terminated or jailed. Boards are paying closer attention.
The research shows that those companies whose boards doubled down on ethics and compliance have built even stronger ethical foundations, better positioning their organisations to meet future challenges consistent with society’s elevated expectations for business. When boards take an active role in ensuring that any misconduct by senior executives or high performers is effectively addressed, leaders are more accountable for behaving ethically, the ethical culture of the organisation overall is stronger, and ethics and compliance are more embedded in the business.
In fact, when boards effectively supported the ethics and compliance programme during the pandemic, ethics and compliance considerations played an important role in the organisation’s COVID-19 response. When boards send a clear signal that their leadership must behave ethically without question, those expectations cascade through the organisation and translate into action. The data shows that employees in organisations with boards engaged in measures of ethics and compliance accountability were 1.6x more likely to do the right thing, even if it’s not in their personal best interest.
Toxic culture and employee misconduct can ruin enterprise value. As Peter Drucker has famously said:
Culture eats strategy for breakfast.
Yet boards of directors face a dilemma: they recognise the urgency of their oversight responsibilities for culture and know the effect it has on overall strategy but acknowledge that culture is difficult to evaluate and shape. So why are boards still hesitant to get involved?
To uncover more about why this dilemma persists, we went deeper with the research. In collaboration with Tapestry Networks, we interviewed 40 directors occupying 80 board seats at major public companies. Last month we published the findings in the report, Activating culture and ethics from the boardroom. It is a treasure trove of anecdotal evidence that boards feel less secure in their ability to assess culture but universally agree it is essential.
“Board oversight of corporate culture requires a more proactive stance from the board than we’ve seen in the past,” said one director. “At times it has been an area of managing by exceptions—where you hear from management only when there are problems. But it requires intentional shaping from the board.” What directors do outside the boardroom—taking time to build relationships with senior leaders or visit facilities to observe the culture—is as important as what they do during board meetings and formal interactions with executives. Yet “intrusive oversight”—which can be a necessity in a high-risk area such as ethics and compliance—may itself damage the trust between the board and the senior leadership team that is necessary to creating and maintaining ethical culture.
Several directors emphasised that equal organisational justice is essential. Indeed, senior executives, because of their visibility and influence, are often held to higher standards on some matters. Disciplinary action against senior leaders and “superstars” sends a clear and positive message to the rest of the organisation that regardless of who commits malfeasance, there are consequences. As necessary as this is, directors say that some of the most challenging episodes of their board careers have come when they needed to discipline or terminate a high-performing CEO or another senior leader. “We had to terminate a senior leader who had circumvented a capital allocation rule,” a director recalled. “This person had been at the company for a long time, and was about a month from retirement, so it felt very cruel, but we had to be clear that you can’t do that at this company.”
Boards now recognise culture as a strategic imperative, yet they also believe it receives insufficient attention due in part to lack of clear ownership at both the board level (Audit? Governance?) as well as at the management level (HR? E&C? CEO?). Companies organise in different ways, and define culture in different ways, yet there are means to measure culture quantitatively and qualitatively. It is possible to see whether or not a company is aligning its mission to its stated values and effectively defining tone from the top. For this to happen, there needs to be a management sponsor at the highest level of the organisation that prioritises it, and who has a clear line of sight into the boardroom. It’s a must for building the ethical underpinnings of the organisation for resilience and the best possible outcomes.
About the author: Ty Francis MBE is Chief Advisory Officer at LRN Corporation, a global leader in ethics and compliance solutions for global business. Prior roles include EVP at Ethisphere Institute and VP at the New York Stock Exchange.
The lawsuit, which was brought by former financial ombudsman Walter Merricks, was previously rejected by the Competition Appeal Tribunal (CAT). However, last Wednesday, the CAT authorised the landmark case which alleges Mastercard charged excessive “interchange” fees between May 1992 and June 2008. Mr Merrick’s case claims that these fees were passed on to the consumers as retailers increased their prices.
The case is being brought on behalf of all people aged between 16 and above who purchased goods and services from a UK business that accepted Mastercard between the aforementioned dates, unless they opt out of the suit. Mr Merricks had hoped to expand the scope of the case to include compound interest and the estates of the deceased to the claim. However, this was rejected by UK judges.
In a statement, Mastercard said it was “confident that over the coming months a review of key facts will further significantly reduce the size and viability of the claim.”
Fletchers Solicitors Serious Injury Litigation Executive, Ceri Dudley, reveals her top 5 tips for improving your chances at landing that prized legal grad job. Ceri talks you through the process, from networking and gaining work experience to acing your interviews.
The legal industry is a competitive one, to say the least, so getting your foot in the door can be somewhat of a challenge. The reality for any aspiring lawyer is that you are up against hundreds of credible candidates who are eager to impress. These same candidates will also have similar qualifications to you. So, it’s important to find your niche and seek ways where you will stand out from the crowd.
Although you will have heard this before, work experience is crucial here. Not only will this help you secure your first legal grad role, but it can also help shape the professional you become later in your career. My first tip is to actively seek legal work experience wherever possible. Work experience, in any profession, is an essential means of developing your knowledge and sharpening those ‘soft skills’ that accompany the ‘harder’ skill sets you’ll develop over time.
As a starting point, there are placement schemes, volunteering opportunities, even shadowing other legal professionals. Keep your eyes and ears open to legal vacation scheme placements. You may have to contact a range of law firms first, but many firms offer them and have plenty of advice on how to apply online. Ultimately, obtaining work experience will prove invaluable.
Another good option is university events. Universities often hold what are known as ‘mooting events’ and these are a good way to build your advocacy skills.
Before applying for a role, or even attending an interview for your dream position, preparation and research are key! My best advice here is to ensure you know the role you are applying for and what the company is looking for in a candidate. Spend time researching the company, its culture and its values. For example, here at Fletchers, our customers are at the heart of what we do. Spending time looking into the company and its ethos will assist you in explaining why you genuinely want to work for the company, as well as why you’re the right candidate for the role.
Sometimes, opportunity comes down to “who you know”. You may be thinking, “oh it’s fine, I’m still just undertaking my studies”, or “I’m just starting out. I can’t be expected to have lots of great contacts.” Well if that’s you, this is where networking can open doors.
Networking is a key aspect of building relationships within the legal industry. This is also especially important in an inherently competitive arena, such as law. Universities often put together law and career fairs and the importance of these cannot be overstated. Make sure you attend these events and actively seek advice from the experts.
In my experience so far, you never know what valuable piece of information you may receive in helping you land that first grad job. The ambassadors at these events are there to help you and are usually more than happy to impart their knowledge and advice. Of course, Covid-19 presents new challenges to networking. Despite the global pandemic, networking can be just as worthwhile when done virtually and over the last few years, social media has become key to building a professional network. My advice here is to ensure your profile is not only up to date, but it paints you as you want law firms to see you. Actively engage in topical conversation and join relevant groups. These methods are a good way to market yourself and get your name out there.
I said it above, you will be up against many candidates with similar legal backgrounds, so what will make you stand out? Do you have any hobbies or non-legal skills? Do you undertake any volunteering? If so, it is important to put these across within your CV and to the firm that you are applying for. Often firms want to see the type of person that you are in addition to your legal qualifications, and this is a good way to illustrate this.
Last, and probably my biggest tip, is to work hard! There is no getting away from the fact that hard work creates success in law. This goes not only for the start of your career but throughout! Working in law can be really challenging, but it can also be really gratifying. It takes focus and determination to succeed. Sometimes, my job is not just a nine to five role, but seeing the changes made to our clients who have sustained serious injuries once a case has settled is incredibly rewarding.
Always remember why you want the role, put in the work and you will find the hard work and challenges are entirely worth it.
If you recently hired a professional and their negligent actions have cost you a hefty sum, damages, or injuries, then don’t let it slide. You can file professional negligence claims against those professionals and smooth everything out in court. However, you shouldn’t rush it. Accusing professionals of negligence will certainly require a lot of time and money. So if this is your first time doing this (and hopefully the last), understanding these claims will help you a lot. We’ve answered the FAQs that revolve around professional negligence claims. Below are only some of them.
Simply put, it’s a case that you’re bringing to the court with the premise that a professional committed negligent actions throughout your professional relationship with them. As the name suggests, you are claiming something against these professionals. It doesn’t matter what field of practice the professional is in. They may be a dentist, a lawyer, a doctor, an engineer, or a bookkeeper. As long as they failed to provide you with the right service that you hired them for, and this negligence cost you either physical or financial damage, you can make a claim. The reason for this is that every time you hire someone, you are always entitled to a service that’s executed with reasonable care and a high degree of expertise. These two elements are the reasons why you decided to hire a professional after all, right?
You can’t simply file a case against someone just because a simple and resolvable error was made. The reason has to be stronger than that to make a claim. Below are some of the elements which make a strong argument for professional negligence:
After establishing these factors and it was proven that the professional acted negligently, you will receive proper compensation. The amount of compensation is often equal to the financial losses and the cost of damages brought by the negligent action. The payment also covers the financial losses that you may suffer from in the future and the legal costs that you shelled out to make the claim.
The key step in filing these cases is to hire the best professional negligence lawyers. Just the filing alone is already an uphill battle because you’re dealing with a professional, who’s probably more well-versed in these situations or more well-connected than you. In short, you will need some backup.
After hiring the right lawyers, let them guide every step of the way. They will most likely tell you the requirements needed and what arguments and evidence will work so you can achieve the goal. And that is to make the negligent professionals pay.
The best time is always “as soon as possible”. And that’s because the Australian legislation often implements time limits for professional negligence claims.The said time limit depends on what jurisdiction you are in. For example, in Queensland, you are given a maximum of six years from the date when the professional did you wrong to file for professional negligence claims. If the negligent act resulted in injuries, in some cases, you might have shorter time limits like three years or so.
That’s why it’s better to call your lawyer immediately so you can understand the rules about professional negligence claims. This way, you’ll be on track to get the compensation that you rightfully deserve.
The FTC’s revised complaint, which is partly redacted, alleges that tech giant Facebook has a monopoly over social networking within the United States and argues that Facebook has deliberately made it difficult for other companies to compete. The FTC’s filing asks that the complaint is sealed for ten days.
This new antitrust case by the FTC comes amid increased scrutiny over the influence of Facebook and the way it has bought up its competitors. The case references a 2008 email from Facebook CEO and founder Mark Zuckerberg, in which he writes: “It is better to buy than compete.” Lawyers representing the FTC claim that the tech giant acted in accordance with this strategy, buying out rivals as soon as they became successful enough to be considered a threat. Amongst these purchases are Instagram and WhatsApp, which both make up a significant part of the Facebook company.
The FTC argues that Facebook should be forced to sell off Instagram and WhatsApp. The FTC has also requested that Facebook is restricted from making similar purchases in the future.
