generally set up to deal with legal aid cases - and legal aid is only available after someone is charged. My main aim, from the outset, is to stop my client being charged. Build your defence early - I work with clients on this point over several weeks or months, starting from day one. Even before a police interview and long before a charging decision is made, I work with clients on all background issues, assess the available evidence, obtain constant updates from the police (regarding their investigation) and learn as much as we can about the complainant. This all helps me to formulate defence arguments. If you need to attend a police interview, do not rely on the duty solicitor but, instead, have your own private solicitor with you at the station. Do not say anything to the police without your solicitor being with you. Unfortunately, as with most things in life, money talks. If you can afford it, pay privately for legal advice. There is a massive difference between what can be achieved on a private basis as opposed to legal aid. Legal aid is a state handout and, as with any state benefit, pays the absolute minimum. WWW.LAWYER-MONTHLY.COM 21 Rape carries a maximum life sentence. It is the most serious sexual offence and yet legal aid only pays around 10% of the amount actually required to defend a case properly (in my opinion). In other words, around 90% of the work that should be completed to defend a case properly does not get done - because the legal aid firms do not get paid to do it. Shocking isn’t it? All law firms and solicitors like to say they are client-centric, but that’s not always the case. Relationships require constant communication. To build trust, firms need to continually validate their relations and find out what their clients want. How has PCD solicitors managed to become one of the UK’s leading sexual offence defence specialists? Whether a case can be defended successfully largely depends on the preparation work. It can take 6-12 months even before a charging decision is made by the CPS. It can take a further 12-24 months for a case to reach a trial. The trial itself may only take 3-5 days. Preparation is the key. We spend a considerable amount of time with any client, gathering background information, relationship history, medical information, version of events, etc, so we can start to formulate the very best defence arguments from an early stage. We also investigate, where possible, the background of the complainant. We have a team of lawyers working on each case we deal with. I also involve senior, specialist, barristers from the very first hearing - who will remain on the case throughout. By doing so we build up a considerable amount of information about our client, the complainant, the evidence and our defence. We are also able to obtain all the evidence at the earliest possible time. By reviewing the evidence with our client in person and taking as much time as we need, we are able to prepare the case properly. It can take several months to build a defence property - just as the police and CPS may take several months to build the prosecution. During this time we can really get to know our clients, and they can get to know us. I also know the importance of being there for every client. A member of my staff is in charge of pastoral support for clients - largely unheard of in a law firm. This isn’t about being a lawyer, it’s about caring for a client’s welfare, offering support, chatting and being available if a client wants to talk. We introduced this support after one of our clients committed suicide whilst waiting to see if he would be charged. (Two days after this client committed suicide a letter was delivered to his address informing him there was to be no further action. It was sent second class and took five days to reach him. Two days too late.) We don’t want to lose any other client this way. To protect your legal rights you should contact a specialist solicitor as soon as possible. Personally, I have always offered an initial consultation free of charge.
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