Saturday, 18 January 2014

The Aftermath of Divorce in St Helens Needs To Be Faced

Every reaction has a reaction is a simple way of quoting one of Newton’s laws and is one which holds true in the case of the law, as well as in life in general. Every decision that you make has its consequences and they need to be faced no matter how difficult this may be. Working for family law solicitors St Helens has made me realise that divorce in St Helens is quite common and that there is usually a painful aftermath which needs to be faced.

When a couple decides to divorce it is usually after a long and soul searching time when they consider the possible effects of their actions. Family law in St Helens deals with such matters as divorce, custody and other related subjects and this is a vast area of the law which solicitors in St Helens, and everywhere else, tend to spend a large chunk of their time dealing with.

Not all solicitors specialise in one area of work, so the solicitor that you instruct may not spend all of his or her time doing divorce and family work. They may, for example, also do other types of court work, or even conveyancing or probate work. This is particularly so for 'sole practitioners', who work on their own. They should, of course, be fully competent in all areas in which they practise, but you may prefer to instruct a solicitor who specialises in divorce and family work.

A solicitor may only act for one party in any divorce/family proceedings (unless they are acting as a mediator), as the parties are said to have a 'conflict of interest'. This rule applies even where the parties have agreed all matters before consulting a solicitor. Further, if the solicitor has acted for one or both parties on any matter previously there can still be a conflict of interest. Accordingly, if your spouse instructs a solicitor who has acted for you before, you can request that solicitor to stop acting for your spouse - a request that will usually be complied with.

The Law Society represents solicitors in England and Wales. The Law Society's role is to help, protect, offer training / advice and promote solicitors across England and Wales. The Solicitors Regulation Authority (SRA) deals with all regulatory and disciplinary matters, and sets, monitors and enforces standards for solicitors across England and Wales.

Whether or not they are specialists, all solicitors that do family work should comply with the Law Society's Family Law Protocol. The Protocol sets out 'best practice' guidelines for lawyers to follow when doing all types of family work. Solicitors in St Helens who are dealing with divorce in St Helens can help with the legal proceedings but the clients will need to approach other people such as counsellors and financial experts to help deal with the aftermath, such as how to rebuild their life, deal with being a single parent, handle reduced financial circumstances and even how to move on with their lives.

Solicitors in the Wirral are Different from Barristers in the Area

Many people are confused by the terms lawyer, solicitor, barrister and attorney, as well as to what their differing roles are. I have worked for some solicitors legal in Wirral and dealt with family legal aid Wirral. This taught me a few things and I know that there are different areas of the law and different duties which are carried out by solicitors law Wirral and other types of lawyers.

The system that operates in England & Wales is a ‘split’ system, where there is a division of labour between types of lawyers. In some countries (such as America) there is a ‘fused’ system where all lawyers can (potentially) do all things, although of course they will tend to specialise. The professional body for solicitors is The Law Society, and solicitors are regulated by the Solicitors Regulation Authority, which handles complaints against solicitors. The professional body for barristers is The Bar Council, and barristers are regulated by the Bar Standards Board, which handles complaints against barristers.

Barristers are self-employed. solicitors are not. they are employed or partners. Barristers aren’t allowed to form partnerships or companies, they trade as sole traders, but group together for economy and marketing under one roof which is called a ‘chambers’. Since barristers within one chambers are all independent from one another they can act on different sides in the same dispute, but solicitors in the same firm can’t because they aren’t independent and would have a conflict of interests.

Barristers

Barristers must also have the necessary qualification, although their training is quite different from the training that solicitors undergo. In simple terms, barristers are trained primarily to represent people in court, whereas solicitors deal with all other aspects of the matter (although many solicitors do represent their clients at court, generally at preliminary hearings). Barristers are also used by solicitors for expert advice on complex issues. Barristers must comply with their own Code of Conduct.

Many solicitors in the Wirral, and in other places, do represent their clients at court, but this is usually only for preliminary hearings. For final and more complex hearings, most solicitors in Wirral, and elsewhere, will instruct a barrister to represent you, as court work ('advocacy') requires special skills, for which barristers are trained. If your solicitors Wirral do not instruct a barrister for a final hearing, you should check their experience in conducting such hearings.

Most solicitors cannot represent their clients in the higher courts (i.e. courts above county court level). If your solicitor does instruct a barrister to represent you at court, then the solicitor will not normally attend the hearing as well, as this will duplicate costs. Only in the most complex cases should it be necessary for your solicitor to attend court together with your barrister. Wirral solicitors and those elsewhere have different duties from barristers but lawyer, attorney and a solicitor tend to be different names for the same thing. If you need legal help you will have to find out which type of help you need.

Have you ever Wondered what Lawyers Liverpool ACTUALLY do?

Hear the words lawyers Liverpool or solicitors legal in Liverpool and I immediately recall an old TV programme called “Crown Court” which featured law cases involving men wearing wigs, black gowns and shouting at people. This is the usual image which is portrayed by the media when the law is involved. However, the truth is a far cry from this and many people wonder what it is those solicitors in Liverpool actually do.

What is a Solicitor?

Briefly, a person cannot act as a solicitor unless they have the necessary qualification and hold a valid 'practising certificate', which is issued by the Solicitors Regulation Authority. All solicitors must also comply with the Code of Conduct. Note, however, that if you instruct a firm of solicitors to act on your behalf, then your work may not actually be carried out by a solicitor. The work may be carried out by a 'legal executive' (who may or may not be qualified), and certain court work may be carried out by a barrister.

Solicitors provide expert legal support and advice to clients. They take instructions from clients and advise on necessary courses of legal action. Clients can be individuals, groups, public sector organisations or private companies. Depending on their area of expertise, solicitors can advise on a range of issues, including:

  • personal issues - for example, buying and selling residential property, landlord and tenant agreements, wills and probate, divorce and family matters, personal injury claims and criminal litigation;
  • commercial work - such as helping new enterprises get established, advising on complex corporate transactions (including mergers and acquisitions) and business-related disputes;
  • protecting the rights of individuals - making sure they receive compensation if unfairly treated by public or private bodies.

Solicitors may also use some of their time to represent clients who are unable to pay for legal services themselves. There are many solicitors in the Liverpool area which do a lot of this type of work.

What does a solicitor actually do?

If you instruct a solicitor to provide a full service for you, that service will include all of the following that are relevant to your matter:

  • Taking the details of the matter from you (called 'taking instructions');
  • Advising you;
  • Corresponding with the other party or their solicitors;
  • Gathering evidence;
  • Preparing court papers and other documents;
  • Sending papers to the court;
  • Representing you at court (usually at preliminary hearings only);
  • Where appropriate, instructing a barrister to represent you at court;
  • Ensure that all steps are taken to implement any agreements or court orders.

Part of being a good solicitor is knowing when to delegate a task to a paralegal or assistant. Some research tasks can be very time consuming and that is why many a solicitors firm Liverpool will have other people available to do some of the running around that is involved with research. Next time you hear the words solicitors law Liverpool you will have a better idea of the type of work that is carried out on a day to day basis.