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Justice Secretary Ken Clarke has been laying out proposals for changes in legal aid that will limit the types of cases where legal aid is available, therefore savings significant costs. Currently over 2 billion a year is spent on legal aid in the UK, an amount that is more than ten times that of France. Areas where legal aid will no longer be available will include claims against hospitals, doctors and schools, immigration, benefit and employment disputes and family law cases. Also in the proposals is that fees for legal aid solicitors will be cut by 10%. It is being seen by supporters as removing legal aid where it is being wasted but keeping it where it is really seen as necessary, while critics say that it will mean the poorest members of society will in some cases be unable to get justice.
So, what will be the impact of these changes should they go ahead?
One area of law that has significantly increased over the last decade is no-win no-fee suits. Currently the costs, and therefore solicitors fees, are recovered from the losing side. This is something that will no longer be possible.
In most cases legal aid will no longer be available in cases against public institutions such as doctors, hospitals and schools. Cases that will be affected will include those seeking legal action after medical mistakes. With regard to schools it is likely to limit the number of accident claims and appeals against school entrance. Some would argue that not being able to take legal action for genuine accidents is a good thing while other say it means that institutions will no longer be held responsible for a lack of care.
Family Law is seen as an area that will be impacted most by these proposed changes. Half of the total money saved will happen in the area of family law alone. Legal aid will still be available in cases that involve domestic violence, forced marriage and child abduction, but in a relatively straight forward case it will not be the case.
In general it is expected that the number of so called minor legal disputes will be less commonplace. This is something supporters see as a major plus points, on top of the obvious fact that it will save public money. The changes may put to an end (to an extent anyway) the increasing culture of looking for blame to profit from unfortunate situations, such as minor accidents. Some see certain cases as people taking advantage of legal aid where they would not pursue the case if they had to pay for it themselves, even if they could afford to. This will therefore reduce unnecessary legal action.
There are, of course, potential problems. Some are worried that the less well off will suffer unfairly, that there will be situations where people will not get justice where someone better off, and able to afford legal advice themselves, will be able to carry a case forward. It could also lead to irresponsibility with businesses, organisations and individuals held less responsible for their actions.
Andrew Marshall (c)
The Great Probate R.I.P-Off
I have commented before on Ambulance Chasing, where as you would generally expect greedy Solicitor/Lawyers are at the head of the queue, but it would seem along with the banks that they will stoop to the lowest of the low when it comes to grieving families and Probate.
Chasing after responsible parties of injured people, in the all too familiar world of American-Style personal injury work is one thing, especially as the injured party is fully aware of what they are trying to achieve.BUT and this is a BIG BUT When you are the appointed executor of an estate or a beneficiary who is just about coping with the grief of losing a loved one, it is an unconscionable act to prey on this vulnerability like some legal parishioners in the UK specializing in the probate process seem to do these days.
As I am always being asked about how to approach probate properties and the clear sensitivity that exists with this kind of Property investment, it seems to make sense to clear up a couple of items that I know will be on someones mind if it is not on yours.
Firstly WE as the Investor , are there for one purpose and one purpose ONLY and that is to act as a problem solver to the estate, NOT to join the queue of vultures that seem to appear, whenever someone passes away.
Generally in every process there will be a legal appointment for the Probating of the estate and although as the investor we generally do not want to deal with the appointed solicitor per se, it is important you know their role in the process.
Secondly, because we are there to help resolve a huge financial burden for the estate, we are generally seen by the estate as a real benefit, especially if it means a speedier resolution to a process that the legal and financial world are happy to drag out, because as with most things and never MORE so heretime equals BIG MONEY!
Again this is another reason why we can achieve hugely rewarding results, when this problem solving approach is undertaken properly and sensitively.
The most popular Legal Process Outsourcing (LPO) destinations include China, Israel, Philippines, Sri Lanka and, of course, India. For a decade, India has reigned as the world’s premier outsourcing destination because of its favorable time zone, the better quality of experts from the country, foreign educated professionals, language and the similarity to English common law systems. Despite India’s supreme reign, LPO is moving beyond India’s borders into new countries and with new strategies.
As the LPO industry matures and expands, corporate legal departments and law firms alike are becoming more open-minded about the types of legal processes to outsource and where their LPO providers are located. The trend today is to think about outsourcing in its broadest terms as “to outsource any legal work — including from one law firm to another law firm — in any geographical location, for example from the UK to Kenya, India to Uganda and so on.”
This new mindset is leading to a surge in new destinations and operating models for LPO work. Examples of new LPO locations include the UK, Chile, Ghana, Jamaica, Poland, Romania, Russia, South Africa, the Philippines, and Vietnam. These regions share several important attributes: they offer a rich pool of multi-skilled talent with a high work ethic. They also have cost advantages, sound IT and telecom infrastructure, good connectivity, ease of travel, government support, business-friendly policies and cultural compatibility.
Relocating Legal Process Outsourcing
The concept of “near-shoring” is also gaining global acceptance. The term describes any outsourcing location “near” its primary market (for instance, Eastern European countries to Western European Countries), or as services delivered from an adjacent or nearby country. The near-shore outsourcing model offers a number of benefits equal to the offshore outsourcing approach. The primary benefits include:
*Proximity and Time Zone
*Cultural Affinity and Ease of Doing Business
Although near-shore rates can be higher, near-shore engagements offer greater efficiency gains that working in close proximity and in the same time zones can bring. Therefore, near-shoring can be more efficient in achieving higher percentages of work performed at a lower cost location than offshore. Thinking past simple labor arbitrage, companies that engage in long-term engagements, measured by strategic service level agreements, can better leverage the advantages of the near-shore model.
The near-shoring trend illustrates the value of LPO beyond simple cost-savings. With the huge global potential that near-shoring presents, LPO will be more widely adopted as a flexible, effective strategy for delivering legal services to a global business community.
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