The verdict is in: FailingGrayling LC guilty of attempted murder of Legal Aid

Hat Tip to Catherine Baksi ‏@legalhackette ”Over 500 find Christopher Grayling guilty of attempted murder of legal aid at #saveukjustice demo”

Catherine Baksi interviewed the Lord Chancellor and Secretary of State for Justice – interesting and well worth a read.  

The demonstration and #SaveUKJustice campaign on Twitter is not about ‘fatcat lawyers’ – indeed, many criminal lawyers make a very modest living by providing representation and advice in the field of criminal law – it is about access to justice, the right to choose a solicitor, the right to a fair trial, the right to be treated fairly by the state.

Many bloggers have written on the subject.  Patrick Torsney has a comprehensive listing of blogs written by lawyers and others from the legal blogging community. 

The Guardian was quick to report: Lawyers protest outside parliament against legal aid cuts
Hundreds, some wearing wigs and gowns, demonstrate against justice secretary’s plans, which they say undermine UK justice

The London Criminal Courts Solicitors Association (LCCSA) provides pictures of the event on their Facebook page

I did a podcast interview with Michael Turner QC recently: Tour Report #21:  Podcast with Michael Turner QC, Chairman of The Criminal Bar Association,  on the legal aid reforms

The demonstration generated a great many tweets and you may follow them here

I provide a few…

Jules Carey ‏@Jules_Carey : This reminded of Tony Hancock sketch: “Does Magna Carta mean nothing to you? Did she die in vain?” #SaveUKJustice

Northpod Law ‏@northpodlaw : Client choice remarks from Grayling described as enshrining mediocrity. #justiceforsale #saveUKjustice

deffostepho ‏@deffostepho :  Room full of lawyers and they’re all angry. #saveukjustice pic.twitter.com/hcQCPU9eNK

The CBA ‏@TheCriminalBar : We are turning public opinion. 70% public fear losing #legalaid

I am doing a podcast interview with ex-MP and barrister Jerry Hayes (pictured below) about the demonstration – and the need for it – on Friday.  Jerry is a good speaker and will, I feel sure, be robust and direct in expressing his views!

The reforms to legal aid will impact on the legal profession, but as wiser heads than mine have observed – lawyers can get other jobs.  Will a person in need be able to afford representation, let alone get a good lawyer if the good lawyers are forced to move away from practice within the field of criminal law?

And here is a storify of #SaveUKJustice tweets at the demonstration this morning from  Shoaib M Khan ‏@UK_HumanRights3m

PLEASE SIGN the petition so that Mr Grayling has to answer before Parliament for his ill conceived reform plans.

>>>>Sign the petition – please, if you haven’t already.

Legal Salary Survey

Legal Salary Survey 2013

An interesting infographic on salaries from Sellick Partnership

 

What do you do if you’ve worked with asbestos in the past?

What do you do if you’ve worked with asbestos in the past?
Paul Rooney Legal, Solicitors

Asbestos is the greatest cause of work related deaths in the UK, and work related exposure is the most common source of contact with asbestos. For this reason, it’s vital to be aware of the dangers of exposure and the steps required following diagnosis of an asbestos related disease.

Asbestos exposure can occur in various places of work, including:

• an asbestos mine or asbestos processing plant
• working in a high-risk occupational surroundings, such as construction, painting and decorating or automotive industries
• serving on military facilities, including ships, where asbestos has been used in construction

It’s important to note that it generally takes recurrent, heavy exposure to asbestos to be at risk. Working in a building where asbestos was used in its construction, but is suitably sealed, is not likely to result in contracting an asbestos related disease, as not a high enough dose of asbestos will be inhaled.

In the UK, the greatest risk of asbestos related lung disease arises from insulation work, although some work activities are more highly associated with asbestos exposure. For instance, the use of power drills and work that involves the physical disturbance of asbestos is more likely to create a significant concentration of asbestos fibres in the air. DIY activities can also cause exposure to asbestos.

Mesothelioma, a form of lung cancer, develops from triggered biological changes in the body after asbestos fibres have accumulated. As it can take some 40 years or more to manifest, new cases are expected to rise and experts believe that by 2050, there will be 90,000 deaths attributed to mesothelioma in the UK.

Diagnosis of mesothelioma is difficult, but symptoms include breathlessness, chest pains, weight loss, fatigue and persistent coughing. While these symptoms are not always signs of lung cancer, it is advisable to consult your GP if you have them.

The outlook for mesothelioma is poor, often because of the advanced stage it is at when diagnosed. According to the NHS, most people with the condition will die within three years.

In 2010, there were 2,347 deaths from mesothelioma in the UK. Asbestosis is not as common, causing 189 deaths in 2009, while 1,015 people with the condition were assessed for industrial injuries disability benefit in 2010.

Cases of asbestos related diseases have also emerged from living near asbestos factories or washing the clothes of a loved one who works with asbestos. High risk areas are shipyards, railway engineering and factories.

If you believe you have been exposed to asbestos, it is strongly recommended you speak to your GP as soon as possible. If you know, make sure you tell them the dates of possible exposure, the type and likely amount of asbestos you’ve been exposed to.

Understandably, if you are diagnosed with an asbestos related disease, you will be worried and scared. You will want the best medical care and you might be entitled to compensation which could help with your medical care.

If you are concerned that you may have been exposed to asbestos, you can contact the British Lung Foundation Helpline on 03000 030 555.

The need to move away from our John Major and Del Boy image

The need to move away from our John Major and Del Boy image
Richard Powell, Solicitor

If you were to ask a member of the public what news stories they remember from the past week, what would they think about?  Chances are, it’ll be about Fergie’s retirement, the three women rescued from captivity in Ohio or the latest allegations against April Jones’ supposed killer.

What I can guarantee with pretty much absolute certainty is that nobody, unless they are a lawyer or a barrister, will be thinking about the reduction of fixed fees in road traffic accident personal injury claims.  There will be nobody who’s turned to a friend and exclaim “gosh, I wonder what this means when combined with the new legal Bill that came into effect in April.”

Nobody will be thinking this outside the legal profession because, quite simply, it isn’t interesting enough to be in the mainstream news.  I wish the truth was less brutal, but there it is.  To anyone outside of the industry, Personal Injury is seen at once as the John Major and the Del Boy Trotter of the legal world.  We are either grey and boring, or we are boorish and brash, with none of the lovability of the latter and about as much charisma as the former.

What gets bums on seats in news terms is not how your access to justice may be affected when lawyers in their droves can’t handle your personal injury claim and you have to go it alone (until a spectacularly massive scandal of this nature breaks).  It is not even what will happen when hundreds of lawyers and ancillary staff are put out on the dole because of the combined effects of the LASPO Bill, fixed fee reforms or when a form of Grayling’s whiplash proposals are passed.  It is personal tragedy.  It is outrage.  It is the moral paucity of the politicians elected in by an increasingly apathetic population.  What most people remember about John Major’s time in power is not Black Wednesday, but his affair with Edwina Curry.  The scandal, not the substance.

When one of the biggest shakeups to legal aid came in last month, in the form of the LASPO Bill, a couple of stories came out about the impact the changes would have on Medical Negligence and Family Law cases.  There were no stories about how it would impact on people making personal injury claims and that they’d lose a big proportion of their compensation award paying their lawyer’s fee.  Nothing about the fact that people with claims that are meritorious but not straightforward would probably not get taken on by any lawyer unless said lawyer wanted to run the case at a loss…and as much as Failing Grayling might expect us to do this, some of us do still have bills to pay.  We’re not unlike our clients in that respect.

Even if the small claims limit for road traffic accidents gets raised to £5,000 next year, it is unlikely this will be covered, even though that will effectively end no win, no fee claims in these kinds of cases.

Until the industry starts to be viewed as an interesting, positive force, our stories will forever languish at the bottom of the media pile, going unnoticed and unloved.  If we are to move away from John Major and Del Boy, we need to start making Personal Injury Law appealing to the mainstream.  We need a new celeb comparator now, before it’s too late.  Personally, I’d rather be Daniel Craig, but I’m open to suggestion…

***

About the Author: Richard Powell is a personal injury solicitor at YouClaim, who specialise in compensation claims ranging from clinical negligence to road accidents. Connect with Richard on Google+ or LinkedIn.

There are some ‘unusual’ people on Twitter – not all of them pleasant…

Twitter is a marvellous medium for making friends – virtual and ‘real life’ – and for news, comment, analysis and amusement.  However, as The Blog That Peter Wrote notes in an excellent article:

Criticism: Telling People Off on Twitter

Twitter can be unpleasant.  Below is a caption pic I did some time ago….

Making You More Aware of Money Laundering and Immigration Fraud Risks

Making You More Aware of Money Laundering and Immigration Fraud Risks
Denver Burke

Last February, a scam orchestrated by solicitors involved shipping Eastern European women over to the UK and marrying them off to men from non-EU countries, for as much as £14,000 per bride. A solicitor was jailed for ten years after the scam was discovered during a money laundering and drugs racket bust-up performed by the police.

In a huge breach of immigration law, the solicitor was charged with receiving criminal proceeds. The solicitor and his team even went as far as to fabricate fake documents. This allowed participants of this illegal activity to claim UK benefits and to live in this country. The solicitors were accused of taking advantage of the pressure on the UK Border Agency.

The judge presiding over this case accused the solicitors involved of breaching the public’s trust in the legal system. Approximately 1,800 men were allowed to live in the UK thanks to sham marriages conducted over the space of 8 years. These couples usually had never met before their wedding day.

Some of the men included members of the Albanian mafia. More than 8,000 immigration applications were handled through this law firm between 2004 and 2011.

The women who were flown into the country often didn’t share a common language with their husband-to-be. The clients would then travel to Devon and Scotland to have their marriage in a registrar office. The company would provide fake employer references, forged files, and fraudulent tenancy documents as part of a ‘marriage package.’

In the end, only £2 million of unaccounted income had been found. It’s thought that the rest of the funds were smuggled out of the country. The brothers who ran the programme had undergone marriages arranged by the firm.

Money Laundering Risks

UK laws on money laundering are stern and you can be convicted of this crime just by unwittingly having criminal cash in your possession or spending it. You’re required, by law, to report any suspicious behaviour that might indicate organised criminals are targeting your firm to create sham marriages and fraudulent visa documents.

If you even slightly suspect that criminal activity of this nature is taking place, you will be accused of fraud and money laundering, if you don’t report it to the police.

Although you may not be conducting the fraud yourself, the proceeds of the crime will be going towards your income, so you will also be enjoying the benefits of fraudulent activity also.

Protect Your Firm from Money Laundering

Always appoint a Money Laundering Reporting Officer (MLRO) or money laundering lawyer who can safeguard your company from criminal activity. Staff should be aware that they can report to the MLRO at any point with concerns. An MLRO will be able to assess any money laundering or immigration offence risks and will point out any information that could lead to suspicions of fraudulent activity.

You may have to part with certain clients, in light of any suspect information.

LIVERPOOL CARE PATHWAY DEBATED BY MP’s IN WESTMINSTER HALL: ‘EUTHANASIA BY THE BACK DOOR’?

LIVERPOOL CARE PATHWAY DEBATED BY MP’s IN WESTMINSTER HALL:  ‘EUTHANASIA BY THE BACK DOOR’?
Asons Solicitors

A debate on the Liverpool care Pathway took place on the 8/1/2013 introduced by conservative MP Mr Glynn Davies a supporter of the Pathway who said that it is ‘certainly not and must never be any form of euthanasia by the back door’

The Liverpool Care Pathway (LCP) is a standard model of palliative care for patients, including children, in the last days of their life and was meant to ease the suffering of the dying by guiding a humane, dignified and pain free. The aim of the pathway was to bring into hospitals etc. the standard of palliative care being offered in hospices so that wherever a person dies they can expect to receive quality and dignified care. In a hospital environment the mind-set is to save the Patient and death is seen as failure culminating in what was thought to be overaggressive treatment of the dying.  The LCP is recommended as a best practice model most recently by the Department of Health and 130,000 of the 450,000 who die in hospital have been subject to the LCP. The Pathway has however been hit by controversial media coverage and Instead it is being labelled by some as potentially an ‘assisted death pathway’  after it has been reported that thousands of Patients have died prematurely after being placed on the Pathway. Why the controversy?

THE CONS

• As a supposed incentive for clinicians to use the pathway and provide this quality of care financial incentives reported to be in the region of £30M have been offered to hospitals to use the pathway. There is increasing concern that this incentive instead of promoting quality care is actually being abused and resulting in patients being placed on the LCP unnecessarily for ‘perverse bonuses’
• Patients are also being placed on the LPC without their or their families’ knowledge or consent. The audit carried out last year by The Royal College of Physicians and Marie Curie Pallative care institute found: 44% of patients who were conscious were not consulted before being placed on the pathway. A 1/3 of families were not consulted before the decision was taken
• It is alleged that Hospitals are placing patients on LPC without a proper understanding of it and without training their staff
• The LPC provides a check list to guide medics through the care of the dying. It is alleged by some that this is being utilised as a tick box exercise. In some instances this has led to abrupt withdrawal of feeding and hydration leading to allegations that patients have been ‘put to their death’. The LPC does provide a blanket policy for the withdrawal of artificial nutrition and hydration. It is however deemed as treatment as are antibiotics and can be withdrawn where it is in the best interest of the patient.
• Dr Bee We President of the Association for Pallative Care said some hospitals appeared to be treating the Pathway as ‘just another thing to be done’ rather than something to be handled with extreme care.
• Despite being placed on the Pathway some Patients have known to survive after questions were raised by the family over the standard of care being offered. ‘Predictions’ that someone is going to die imminently are frequently known to be wrong.
• It is alleged that the LCP entails increasing doses of sedatives and narcotics making improvement in the underlying illness being difficult to detect.
• It is also reported that the pathway is actually being used as a euphemism for dying. Patients and families are informed that there is to be a move to the Pathway instead of actually advising that the patient is actually dying.
• The media coverage has worried Patients and families so much that some are even refusing hospital care worrying what might happen to them

THE PRO’s 

Experts in palliative care have hit back at the criticism. They say that the pathway provides

• a dignified death freeing the patients from the paraphernalia of feeding tubes etc. It also prevents patients from being neglected.
• They also report that good quality palliative care actually extends the life of patients.
• It is misguided that the PCP precludes the use of clinically assisted nutrition and hydration. Infact the LCP prompts clinicians to consider the need for this and to tailor decisions in the best interest of the patients which may not have taken place in the absence of the pathway
• The guidelines promote good record keeping which was often lacking in these situations.

Professor Irene Higginson of Kings College London added ‘We have to bottom out what the concerns are that people have. What we don’t really know is whether it is the way that the LPC is being used and the environment that it is in or whether it is something within the LCP which has confused people or made the use it in a not work well’ .

Is the Pathway a victim of sensationalised press coverage or has it simply failed in what it set out to do?  Have you have been affected by the LPC either positively or negatively? We would like to hear what you have got to say.  Please e mail us with your views  

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For Further Information :

see: For record of Parlimentary debate 8.1.13 ( Page reference 35WH to 58WH)

see: For further Information on the pathway from The Marie Curie Institute for Pallative Care

Asons Solicitors specialise in clinical negligence claims, so if you feel that you or a family member may have been the victim of Clinical negligence please contact our team on Tel 0844 840 8013 and they will be more than happy to assist you.