Litigation Funding by the crowd!

Litigation funding is a relatively new idea that has been gaining popularity in recent years. Many people, however, view it as a rather grim sort of finance akin to a gamble.

So what is litigation funding?

When a claimant decides to bring a case to court, it is going to cost money; often large sums of money. If the claimant has a good case, but doesn’t have the money to fund it, justice may not prevail. This is because costs are only awarded at the end of a case, and if the claimant is successful in their claim.

Litigation funding therefore allows the claimant to defer payment of the fees until the end of the case, and only if the claim is successful.

So, is litigation funding a loan?

Well, in one sense, yes; but it is only repaid if the claimant wins.

Won’t this bring about lots of unwarranted claims?

Well, a claim is a claim, and justice is in the eye of the beholder. If the claimant feels aggrieved, then he, she or the company is entitled to bring a claim against their opponent.

In addition, litigation funders are only going to fund cases that have a reasonable merit of success, therefore, they will be scrutinised by counsel before being funded. This means that there must be some reasonable grounds and evidence for the claim, that the funders believe will reach a successful outcome for the claimant.

Doesn’t this skew the lawyers’ incentive to win the case?

Lawyers are going to be motivated to win the case for two simple reasons:

1)   The fees are usually on a Conditional Fee Agreement (“CFA”) basis which forms the basis that fees are deferred unless the claim is successful.

2)   Lawyers often include an ‘uplift’ in their fees if the case is successful, as a ‘bonus’ for winning the claim

For more information on litigation funding, visit litigationfunding.co.uk

PROFESSIONAL CARERS AND FAIR ACCESS.

The Fair Access to Professional Careers report from the government committee on social mobility (which met under Chairman Alan Milburn from January to July in 2009) was an initiative to make strides to improve ethnic and social access to the professions.

Milburn was reportedly offered the role of Social Mobility Tsar by the Conservative-Liberal Democrat government, recognising his expertise (despite his status as a Labour MP).

Mr Milburn recently addressed matters of progress in regard to progress towards improved access to the law.

It was said that some progress has been made since 2009, which is obviously good news. However, the bad news is that in rising to the challenge of making access to the profession fair and equal law firms and barristers' chambers were not proceeding quickly enough.

That's why the Legal Services Board made proposals in 2011 to require lawyers to conduct ethnic and social-background monitoring. Under the coming regulation lawyers survey employees who categorise themselves under the headings of ethnicity, gender, religion, sexual orientation, age, responsibilities with caring for relatives, and disability.

The LSB regulations mean lawyers will have to publish the findings - although the information published with give anonymity to every individual. Actual implementation was tabled for 2012, but lawyers have been given an extra year to organise themselves, so the requirement will begin in 2013.

Simply soft-pedalling for another year is not, however, a sensible or desirable course of action for lawyers because the sense of this being a particular and pressing problem in the law is widespread from barristers' chambers in the City to high street solicitors in the provinces.

This concern has led to a pilot scheme from the Solicitors Regulation Authority which aims to capture a snapshot of the profile of diversity for the law from a bird's eye view.

Following this, in 2013, the annual reporting requirement on equality and diversity will begin. In fact 2013 will see a big change in the requirement of firms to collect information and their business and report it to the Solicitors Regulation Authority. The Bar Council is believed to be involved in similar proposals as the profession as a whole makes an effort to become less elitist "industry-wide".

For solicitors and barristers this means monitoring should begin as soon as possible in accordance with best practice.

This isn't just a best-practice issue for the law however, and employers large and small should consider their position in regard to diversity and equality. If you're an employer reading this article and think you'd like some specialist employment law advice direct from a barrister then you can save time and money and get that advice here.

Author:

Author:

Daniel J ShenSmith
ShenSmith Barristers

MEDIA GROUP BEING SUED...

The Telegraph Media Group is being sued for libel by a former wifelet of Alexander Thynn the eccentric and unconventional 7th Marquess of Bath.


The Marquess applies the term wifelet to his collection of mistresses, rumoured to number around 75 in total. Trudie Juggernauth-Sharma, apparently once Thynn’s favourite has been estranged from him ever since an extraordinary catfight erupted at a Sunday lunch involving the Marquess and several wifelts.


Stories related to the incident that subsequently appeared in the Daily Telegraph and the Sunday Telegraph between June and September 2011 are alleged to be libellous by Ms Juggernauth-Sharma.


Now former model Trudie, whose father is a Brahmin priest from Mauritius, has brought an action in the Royal Courts of Justice in London against Telegraph Media group.


Police were apparently called after the altercation as Ms Juggernauth-Sharma pointed the finger at pretty Amanda Doyle, reputedly the so-called “Loins of Longleat’s” then latest wifelet. Trudie has not spoken to the Marquess since.


Confirming the split, an emotional Trudie said: “I am hurt that Alexander never came forward to tell the truth. So we have not spoken and I have not visited hm. We are apart. My trust is broken.”


Barristers are bracing themselves for a barrage of intimate and salacious details when the eccentric lifestyle and living arrangements of the Marquess and his mistresses on the 10,000 acre Longleat Estate are revealed in open court.


Currently living in a somewhat less grand style in a flat in Fulham, at least Ms Juggernauth-Sharma will find commuting to the hearing much more convenient than having to travel from her former abode in the lush Somerset countryside.


Thynn and Trudie became a couple in 1998 (meeting at a dinner party during which the Marquess entertained guests by swallowing a mackerel whole) and enjoyed 13 happy years together before the split last year.


Unusually, Ms Juggernauth-Sharma will be representing herself at the libel trial but might still consider direct access advice form a barrister should she feel out of her depth.


In fact it is straightforward to get advice from a barrister direct – and it is frequently better value and quicker than going through traditional channels which involve a bill from solicitors as well as a barrister. More information is available here about direct access to barristers if you need it.

Author:

Daniel J ShenSmith
ShenSmith Barristers

NEW YEAR DIVORCE?

Every year, The vast majority of us start the year with a New Year resolution. Some of us will join a gym, some of us will begin a new diet in order to improve your physique. Some of us will quit smoking and some of us will quit drinking.




These are all great intentions which come about through a focusing of the mind after the traditional festive season. Unfortunately, this same desire to make a new start also brings about the consideration of things such as divorce! New Year, new start, new life!




Many people and indeed many couples suffer with their thoughts for many years, putting off taking this step because of fears of a very complicated divorce, high legal costs, and many other aspects of consideration such as assets, children, and everything else that they have worked to acquire together as a married couple.




The very thought of going through a divorce is stressful and difficult enough without the added consideration of solicitors costs which will quickly spiral to be ridiculous level, simply because solicitors routinely make cases long winded with lengthy paperwork and procedures which further to the costs.




But why must these legal costs be so high? The answer is: they do not. Imagine if the process were very straight forward, and you were given the very highly specific advice that you need on day one, told exactly what you need to do, and get right to it without dragging it out for many months or even years into a very expensive endeavour?




Now, you can. You can approach a Barrister directly for expert legal advice right from the beginning. You may never have considered this as an option previously, and you would have been correct. Barristers were not always allowed to accept work directly from you as a client, but the rules are different now. Barristers can now be licensed to take on work on a direct access basis which means they can give the advice directly to you, without the need of going through a solicitor, which means that you do not have to pay two sets of legal fees which can reduce your overall costs by as much as 50 to 60% or more.




Many solicitors at some point will instruct a Barrister to act on your behalf in order to receive highly specialised advice on a particular area of law. They may also instruct a Barrister to represent you at court if that is a necessary step. At this point you are not only paying for your solicitor, but also for the Barrister at the same time. By going directly to a Barrister in the first place, you can cut out much of the bureaucracy, and get the detailed and accurate information that you need in your time of despair without unnecessary costs.




Barristers are highly specialised legal experts. The benefits you have by going to a Barrister directly are: legal expertise, expert representation, and very often lower fees.

Author:

Daniel J ShenSmith
ShenSmith Barristers

DIRECT ACCESS, AND THE MOVE INTO A FASTER PACED DIGITAL WORLD.

Direct access to barristers is having a large impact on the legal sector, creating many opportunities for chambers to work closely with other professionals, businesses, and individuals during a period of fast paced change in the legal services sector.

Solicitors will always provide a valuable and important range of services to clients, but direct access to counsel benefits the client greatly in that they are receiving highly specialised legal advice whilst overcoming the traditional barriers to that advice.

During times of economic difficulty, controlling costs and reducing costs is one of the prime factors in pushing clients to seek ways to minimise their legal expenditure. Chambers are able to capitalise on this because they generally have lower overheads and provide excellent value for money to clients and that's secure repeat business providing greater control of their case and costs.

From my own perspective and experience in online lead generation, I believe it is important that all legal professionals embrace the Internet era of generating leads by use of social networking and mobile browsing. Virtually all retail outlets have now seen the light and opened an online store in one form or another, yet the legal profession has been, in general, somewhat reluctant to embrace this as a source of work. Stores that did not make their move online soon enough or serious enough, suffered a great extent of damage or even faced administration because they did not take the online competition seriously. Again, in my view, legal professionals have the same choice and will be forced to make a decision one way or another, and will face similar fate in similar vein.

Ultimately, those who control the online market will control the vast majority of new instructions because over time almost all enquiries will be via the Internet in one form or another. This will make business increasingly difficult for even the largest firms if they are not open to the idea of accepting instructions that have been generated online.

Author:

Daniel J ShenSmith

ShenSmith Barristers

HOW TO APPOINT A BARRISTER

Most of us don't imagine and certainly don't plan to end up in a legal dispute or to have some Private matter that requires legal attention. In such a situation the vast majority of us would simply go to the nearest directory and find the nearest solicitor and book an appointment. Only a few of us would consider checking for a specialist solicitor, one that deals primarily or specifically in the field of law that surrounds your matter that requires attention.

So you can see how simply going to the nearest solicitor may not be the most appropriate solution for you. Not only does that not guarantee that the firm is adequate to deal with your problem properly, but moreover, very often that solicitor will seek the expertise of a barrister with adequate knowledge and expertise in your particular area of need to obtain the best, most specific advice you require. Not only can any solicitor approach any barrister, which removes the need for you to have a local solicitor, but you are in fact able to approach the barrister directly yourself through his or her chambers. Providing the barrister is direct access qualified, he or she are permitted by the bar council to act for you directly without the need to involve a solicitor.

What this means for you is that you can cut out one potentially unnecessary step and of course bill for your solicitor by obtaining the expert advice directly from the barrister.

So how do you go about doing this? Many people, and many solicitors in fact feel that there is this a barrier to communication with a barrister. This has come about through many years of respect for the barrister having rights of audience in the UK courts. Now whilst it is still very important to show a high degree of respect to the barrister and their profession, they do in fact encourage you to submit your request for advice to them via their chambers. Many barristers will in fact speak to you directly without the need to go through one of their clerks, they will make this clear to use on your on your very first dealings with them.

Instructing a barrister therefore is no more difficult than instructing a solicitor. Barristers work out of offices that are known as 'chambers' which is where they will conduct many of them conferences, research, and often work out of as a base. However many of them also work remotely, from home or whilst travelling up and down the UK in between court hearings and trials etc

The main differences to bear in mind when instructing a barrister directly as opposed to a solicitor, are as follows;

A solicitor will be on what is known as a 'formal retainer', whereas a barrister will discuss with you the specific advice required, or conference/representation required, and will issue you with a 'client care letter' detailing exactly what they will do, What advice they will provide, and, most enforcedly, fixed CDs or fee structure in relation to this work. This means you will have a much clearer idea of what you will pay for the advice. This differs to most solicitors, in the fact that they will usually build new after work has been carried out according to how many hours 'on the clock' it has taken the solicitor.

A barrister will usually only charge you for these specific number of hours that they believe it will take them to provide the advice, whereas solicitors will charge you for a large number of ancillary charges such as ALL phone calls made or received between them and you, between them and any third party on your behalf, and with any authority such as courts etc. They will also charge a minimum of six minutes for all emails sent or received (Including sending read receipts!), paperwork printing, and then total them up into a number of hours that has been taken and add these to the bill at their full hourly rate.

In summary, approaching a barrister is just as straightforward if not easier than approaching a solicitor, and also although many people may believe the barrister to be more expensive, a solicitor can prove to be just as expensive and often unnecessary when obtaining your advice.

Please bear in mind however that solicitors do provide an important role and fulfil many paperwork requirements that a barrister will not always undertake, although your barrister will discuss with you which aspects of work they are prepared to take care of.

Author:

Daniel J ShenSmith

ShenSmith Barristers

LIMITED TIME ONLY ! FREE REGISTRATION AND NO MEMBERSHIP FEES FOR BARRISTER DIRECT!

If you are concerned that you are not holding your place with the online market for legal services, then look no further than BarristerDirect. You do not need to become an expert in Internet marketing because we will bring our years of experience to assist you.

Everyone knows that the local printed directories are going quickly out of fashion, and today's modern client will be looking for you in the online social space and will expect to find you there. The One thing to bear in mind with regard to online presence, is that it doesn't matter how big your firm is, what your turnover is, or how many partners / members you have. The response you get from your online presence will be determined by your social interaction with the many great social networks that are freely available. However if you do not embrace this era of modern communication, you will see many smaller high-street firms struggle and disappear, because they will be losing many times the proportion of work they expect from local customers to another firm simply because they have embraced an online audience.

Many of you will either know someone, or a friend of her friends daughter or her boyfriend etc who has set up an online shop in his/ her bedroom. Very quickly, you may realise that they are suddenly offering the same furniture to the general public at a fraction of the price you will find it in your local furniture store. This is because he or she does not have the same large overheads, rent, rates, staff, lighting and heating. Rather, their only costs are a relatively inexpensive WebServer and packages available for online marketing.

So does this mean you now have to go home to your bedroom, and start setting up new websites to attract clients? No. You probably already have what you think of as an online presence, such as your website and a twitter account. BarristerDIRECT Is built on a cutting edge piece of software called Mixudo, making use of our years of marketing experience to attract clients in the legal sector.

Register with BarristerDIRECT.CO.UK for FREE today and allow us to bring clients directly to you.

Author:

Daniel J ShenSmith

ShenSmith Barristers