<?xml version="1.0" encoding="utf-8"?>
<rss version="2.0">
<channel>
<copyright>Copyright &#169; 2012 Lisa Grimmett</copyright>
<pubDate>Thu, 17 May 2012 07:53:14 +0100</pubDate>
<lastBuildDate>Thu, 17 May 2012 07:53:14 +0100</lastBuildDate>
<docs>http://blog.lblaw.co.uk/</docs>
<description>Lanyon Bowlder Solicitors blog.</description>
<link>http://blog.lblaw.co.uk/</link>
<title>Lanyon bowdler Blog feed</title>
<image>
<title>Lanyon bowdler Blog feed</title>
<url>http://blog.lblaw.co.uk/images/lanyon-bowdler-logo.gif</url>
<link>http://blog.lblaw.co.uk/</link>
<description>Lanyon Bowlder Solicitors blog.</description>
</image>
<managingEditor>info@lblaw.co.uk (Lanyon Bowdler)</managingEditor>
<webMaster>Lisa Grimmett</webMaster>
<generator>Lisa Grimmett</generator>
<language>en</language>
<category>Legal</category>
<ttl>1440</ttl>
<item>
<title><![CDATA[Collaborative Law Looks Set to Revolutionise the Resolution of Family Issues]]></title>
<link>http://blog.lblaw.co.uk/collaborative-law-looks-set-to-revolutionise-the-resolution-of-family-issues-342/</link>
<description><![CDATA[
Collaborative family law is an exciting new idea in the UK.  It is growing rapidly and looks set to revolutionise for many people the way in which family issues are resolved. So, what exactly is collaborative law?  Traditionally, the options available to separating couples have either been mediation or traditional negotiation and litigation.  Collaborative law offers a third way.  The parties each appoint their own lawyer, but instead of conducting negotiations by letter or by phone, all discussions take place at meetings to work issues out face to face. This means the parties each have their lawyers by their side throughout the process. The parties have continuous support and legal advice as matters proceed.  Collaborative lawyers sign an agreement with their clients which disqualifies them from representing the client in court if the collaborative process breaks down.   The effect of this agreement means that the lawyers are absolutely committed to helping find the best solutions for the parties by agreement, rather than through conflict. Sometimes only a couple of meetings are needed - on other occasions four or five.  The meetings follow agendas set by the parties themselves and their lawyers.   This is an effective way of giving the individuals control over the process and ensures that the issues which are important to them are discussed and dealt with.Locally, the Shropshire Lawyers Collaborative Group is a collection of like-minded, specialist trained family solicitors.The revolutionary concept is that although from different firms, lawyer members of this group work collectively to promote the collaborative model as a civilised, non adversarial process to enable separating couples to resolve children and financial issues by agreement, rather than the court process.  The Shropshire Collaborative Law Group held a launch party on Thursday 24th November at Lanyon Bowdlers Shrewsbury offices.   In addition to announcing the launch of the group, the purpose of the meeting was to invite a mixed group of professionals from a variety of different agencies, organisations and disciplines who work in the field of family law ranging from professionals working with children to financial advice. It is important that any party choosing collaborative law as an option for their divorce makes sure their lawyer has had Resolution training in collaborative law.  If you think collaborative law could be the best way to resolve your domestic conflict, or if you would like to find out more about this method of resolving legal disputes, you can contact myself or my fellow collaborative law colleagues Peter Flint and Colin Spanner on 0800 652 3371. 
]]></description>
<category><![CDATA[Divorce and Family]]></category>
<pubDate>Mon, 28 Nov 2011 10:59:29 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/collaborative-law-looks-set-to-revolutionise-the-resolution-of-family-issues-342/</guid>
</item>
<item>
<title><![CDATA[The True Impact of Legal Aid Cuts]]></title>
<link>http://blog.lblaw.co.uk/the-true-impact-of-legal-aid-cuts-335/</link>
<description><![CDATA[
It is high time the consequences of the legal aid cuts are brought to light. The government aims to save money, saying 2 billion a year is an expensive legal aid system, but that presumably also includes the criminal legal aid budget. 
The proposed cuts will directly impact upon separating couples, and cases involving disputes over the residence of children, as current proposals are to take out of scope altogether, funding for these issues. The only funding that will remain will be where the local authority is looking at bringing care proceedings and in cases of domestic violence for the victims, but not the perpetrators of the violence.  
The practical effect will be that in cases of domestic violence the perpetrator could well cross-examine the victim, with only the judge to prevent a barrage of hostile and inappropriate questions being put. The reality is that once victims of domestic violence realise this is the risk they run in trying to obtain orders from the court to protect them, they may simply chose to put up with the violence rather than seek the protection they deserve.
There is little point in the government offering funding for victims to seek orders from the court if the procedure itself and lack of funding for legal representation of the perpetrator, enables confrontations, accusations, bullying or even the fear of all three to exist.
The reality for separating couples will be that the higher earning party may chose to pay for legal representation while typically the part-time worker or homemaker is unable to, and so has to resort to representing him or herself.  
Imagine the distress at a point in time when the relationship has broken down and there are so many anxieties over what will happen to the home, the children and managing the financial obligations, to be unable to afford advice through a litigious procedure which quite often does end up in court. 
The government thinks that mediation will be the answer for all, but this is quite a middle-class assumption. Not all separating couples will have the emotional strength to go through with face to face meetings, even if they were on a level playing field in negotiating. The mediator is unable to give legal advice, so mediation is not really a solution at all.
I suspect the lack of access to legal representation for the lower income earner will result in more costly applications to the court, not fewer. Without advice, the party may simply hope it will all go away and bury their head in the sand requiring the other party to have to bring court proceedings to get a decision.  
Alternatively, without advice the other party may decide defence is the best policy and devote all their time and effort challenging everything proposed, mixing legal argument with emotional issues, being unaware of what they should be putting forward as their legal arguments and resulting in the local district judges having to spend their time, and tax payers money, in more frequent and lengthy court appointments to make sense of the mess.  
The third reality is in relation to children matters. Imagine a young unmarried couple separate, father of the child is not named on the birth certificate and not working, mother has a new boyfriend and decides he can be the father figure to the child. She changes the childs surname to the new boyfriends and decides that the father does not need to carry on seeing the child anymore, that will simply confuse him. What then happens to the father of the child who cannot afford to pay for private legal advice? What about the rights of the child to know and have a relationship with his father?
On all of the above examples where is the right to family life? Where is the right to a fair hearing? Is it fair that peoples legal rights should be subject to whether they can afford to pay to uphold them?  
At Lanyon Bowdler we continue to offer public funding because we consider these principles important to both individuals and society at large.  For how much longer we will be able to offer such services to all the local community in light of the proposals, remains to be seen.
If you would like advice or assistance in relation to a  family law issue, contact me on 01952 291222 or email me lisa.grimmett@lblaw.co.uk. ]]></description>
<category><![CDATA[Divorce and Family]]></category>
<pubDate>Tue, 25 Oct 2011 15:10:20 +0100</pubDate>
<guid>http://blog.lblaw.co.uk/the-true-impact-of-legal-aid-cuts-335/</guid>
</item>
</channel>
</rss>
<!-- Page generated in 0.077792 seconds peaking at 4,016,816B of memory -->
