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Best Family Lawyer in Glasgow?

By Kathleen McCarthy June 19, 2014 Family Law Advice

Googling “Best family law solicitor in Glasgow city centre” will always deliver multiple search results but thereafter how do you know which law firm or lawyer to instruct? We all want the best family lawyer we can find but what should we be looking out for to make the right decision?

Best Family Lawyer in Glasgow

Family Law Advice

When seeking to instruct a family lawyer you should bear in mind various criteria which will help you make an informed decision. You should consider;

  • Experience – you should seek to instruct a law firm that has particular experience in family law matters. Increasingly lawyers specialise in particular areas of work and you would be best to employ a solicitor who knows family law inside out.
  • Approach – does the law firm have a client focused approach? In family law the relationship between the client and solicitor is crucial . Trust is very important and this is helped by you selecting a lawyer who places you as the client at the heart of the matter, one who works hard to protect the rights of their client.  The focus should be on explaining clearly what is happening in your case and the processes involved in resolving your family law difficulty.
  • Membership of Associations – you should ensure that your chosen solicitor has memberships of associations such as The Family Law Association. This is likely to mean that the lawyer is keeping themselves up to date with all updates to this area of law and is attending ongoing training events and seminars.
  • Location – a city centre location is of importance to some people as this may allow easier access to the lawyer for appointments. Increasingly communication is by email and telephone but each person is different in terms of wanting face to face meetings. A central location can ease stress for some people who prefer meeting their lawyer regularly. For others the location of the lawyer is largely irrelevant -some prefer to communicate remotely and also to engage a lawyer whose fees are lower due to having less in the way of overheads such as an expensive office. The internet has changed the way people engage with lawyers greatly and your chosen lawyer should be able to approach matters in a way that suits you.
  • Identity of solicitor – when you contact the law firm find out which lawyer will actually be looking after your case. Will it be one solicitor or will you be looked after by a department? If a bond can be established between you and your family law solicitor this can make the whole process much easier so it is very important to find out who you will actually be dealing with at the earliest stage. Ask this at the first interview or when you make an enquiry with the firm.
  • Fees – a family law legal difficulty is stressful enough without added concerns about fees. You should from the outset ask the lawyer you are speaking to about potential costs, including any eligibility for legal aid. Not all law firms offer legal aid but you should still be told if you are eligible for legal aid and then you may wish to consider instructing a law firm that offers such a service. If you have to pay for the legal services you should seek clear guidance about likely costs and timescales. Clear information should be provided before you agree to instruct the lawyer – do not wait until after legal work has commenced to raise this matter.
  • Testimonials and Reviews – are there testimonials on the website of the law firm and if so do they actually tell you anything about the approach that was followed and the level of service provided?

Contact Us

This is some guidance that we hope helps you make an informed choice about your family lawyer.

McCarthy Law looks to meet the highest standards – please feel free to contact Kathleen to discuss your family law needs and to hear how she can help.

Call us 0141 337 6678 on or fill out our enquiry form.

Parliamentary Inquiry Encourages Using Will to Give to Charity

By Kathleen McCarthy June 12, 2014 Civil Law

A Parliamentary Inquiry has encouraged solicitors to tell their clients they can support charities by leaving a legacy in their will.

The Inquiry, co-chaired by David Blunkett, Andrew Percy and Baroness Tyler and supported by the Charities Aid Foundation, was created after research showed that fewer households were giving to charity.

The recently published final report, ‘Creating an Age of Giving’, goes on to suggest that will writers should provide information regarding how legacies actually operate and explain the taxation implications involved.

With only 6% of people currently making a bequest to charity and research carried out by the Cabinet Office’s Behavioural Insights Team showing that advising people – who are making a will – about the possibly leaving a legacy in favour of a charity trebled the number of people choosing to do so, it is evident why the above recommendations have been made.

The report explains: ‘One of the problems that accounts for relatively low levels of legacy giving is that at present two-thirds of adults do not have a will, and this is particularly true amongst the under-50s. Action must be taken to encourage more people to write a will, and it is this will writing process that needs to be used to encourage greater legacy giving.’

The publication, Creating an Age of Giving, is available at http://www.growinggiving.org.uk/assets/files/GUG-PART-Web.pdf

Need Help Preparing a Will in Glasgow?

If you would like more information about using your will to leave a legacy to a charity, or wish to have a will drafted or amended, McCarthy Law can help. To speak to one of our friendly Glasgow-based lawyers, please call 0141 337 6678. You can also email enquiries@mccarthylaw.co.uk.

Law Society Reacts to Sheriff’s Power Of Attorney Decision

By McCarthy Law June 6, 2014 Civil Law

The Law Society of Scotland has issued a statement urging solicitors to take action, following a recent Sheriff Court decision, which brings into question the validity of many Scottish Powers of Attorney (POAs).

Sheriff John Baird sitting at Glasgow, held that a Continuing Power of Attorney granted in favour of a bank was invalid, and did so on the basis that it was not drafted in accordance with section 15 of the Adults with Incapacity (Scotland) Act 2000. Read more

Court Rules Continuing Power of Attorney to be Invalid

By Kathleen McCarthy May 30, 2014 Civil Law

The validity of continuing powers of attorney, granted in favour of a bank, have been questioned by Sheriff Baird at Glasgow Sheriff Court.

The court held that the continuing power of attorney in favour of Clydesdale Bank failed to meet the requirements of section 15(3) of the Adults with Incapacity (Scotland) Act 2000, as it had not been validly constituted. Not only did it fail to clearly express the granter’s intention that the power be a continuing power, as required by section 15(3)(b), but, it failed to state that the granter had considered how a determination of incapability might be made – as per section 15(3)(ba).

The Continuing Power of Attorney in favour of the bank, had been granted by Mrs X in 2008, following the death of her spouse. Thereafter, Mrs X lost capacity and her next of kin sought Financial & Welfare Guardianship under Sections 57 & 58 of the 2000 Act. Upon notification of the application, the Office of the Public Guardian advised that Mrs X had granted a power in the Clydesdale bank’s favour, a fact of which Mrs X’s next of kin were unaware. Despite never having exercised their power, the Clydesdale bank opposed the guardianship order on the basis that they now planned to do so. In turn, the next of kin of Mrs X, sought revocation of power in favour of the bank.

Sheriff Baird explained: “I have said that the document which purported to create a continuing Power of Attorney in favour of the Bank is not valid as it does not comply with the requirements of section 15(3)(b), and separately, section 15(3)(ba) of the Act, and as such in terms of section 18, has no effect during the adult’s in capacity. Assuming that I am correct about this, and for the reasons articulated, there will likely be wider implications. The document drawn up and signed in this case is of a “pro forma” standard type. It is likely therefore that this particular commercial organisation has other such documents in its favour, and perhaps many other such documents in its favour, ostensibly granted in purported compliance with the Act and registered with the Office of the Public Guardian. If I am correct in the view which I have taken as to validity, then none of such documents have been granted in accordance with the provisions of section 15 and none are valid, since such a continuing Power is valid only if it is expressed in a written document which complies with the requirements of section 15(3).”

Interestingly, the court also held that even if the Continuing Power of Attorney had been validly constituted, with the Bank failing to exercise their powers as Mrs X’s Attorney, it would have revoked the power and appointed Mrs X’s next of kin to administer her affairs.

To read the judgment in full, please visit: http://www.scotcourts.gov.uk/opinions/2014SCGLA1.html

SCJC Begins Information Gathering Exercise on Pre-Action Protocols

By Kathleen McCarthy May 24, 2014 Accident Law, Civil Law

The Scottish Civil Justice Council has published ‘An Information Gathering Exercise on Pre-Action Protocols‘

The Personal Injury Committee (PIC), established in June 2013 by the SCJC, is undertaking an information and evidence gathering exercise on the current use of voluntary pre-action protocols and the possible introduction of compulsory pre-action protocols, with the aim being to assist its consideration of the matter of the relevant rules should the proposed powers become law.

There are currently four voluntary pre‐action protocols in Scotland covering:

  • Commercial actions in the Court of Session;
  • Personal injury claims up to £10,000 (although parties may agree to use it for claims of a higher value);
  • Professional negligence claims up to £20,000 (although parties may agree to use it for claims of a higher value); and
  • Industrial disease claims.

There are currently no compulsory pre-action protocols in Scotland. The Courts Reform (Scotland) Bill proposes to give the Court of Session the power to introduce, by means of rules, compulsory pre-action protocols. The provisions are contained within sections 96 for the Court of Session and 97(2)(b)(ii) for the sheriff court.

Written responses are invited by 30 June 2014 and should be send to scjc@scotcourts.gov.uk or Anne Hampson, Scottish Civil Justice Council, Parliament House, Edinburgh, EH1 1RQ.

Contact Us

For more information or to discuss any of our personal injury services, please contact us by telephone on 0141 337 6678 . Alternatively, please email enquiries@mccarthylaw.co.uk.

Justice Committee Expresses Concerns Over Court Reform

By Kathleen McCarthy May 9, 2014 Civil Law

The Scottish Parliament’s Justice Committee published a report today on a Bill proposing major changes to the Scottish civil justice system, which includes the establishment of a specialist Scotland-wide personal injury court.

Although it broadly welcomes the aim of the Courts Reform (Scotland) Bill to provide the public with a more efficient court service, it raises concerns that an increase in the monetary threshold for bringing a case in the sheriff court from £5,000 to £150,000 may restrict access to justice and put too much pressure on the court’s resources. Read more

A Two-Minute Guide to Fatal Accident Inquiries in Scotland

By Kathleen McCarthy February 3, 2014 Civil Law

A Fatal Accident Inquiry, or FAI for short, is a type of court hearing where the circumstances of certain deaths are publicly investigated, with the aim being to minimise the risk of future deaths or injuries.

In some circumstances, a person’s death must be reported to Procurator Fiscal. Thereafter, it is up to the Fiscal to ascertain if criminal prosecution is required or if a Fatal Accident Inquiry should take place.

Once reported, generally, the Procurator Fiscal will determine that a death was the result of natural causes. However, the Fiscal must order a FAI to take place where a death occurs in the workplace or in prison or police custody and can order an FAI to take place if doing so is in the public interest.

If an FAI is to be held, the Fiscal will apply to the Sheriff Court that is most closely connected to the circumstances of the death, with the Inquiry being heard before a Sheriff without a jury.

The Fiscal will present his/her evidence to the Sheriff in the public interest. Parties are allowed to represent themselves but due to the often difficult and delicate circumstances involved, can also instruct a solicitor or advocate to appear on their behalf.

After the evidence has been heard, the Sheriff must produce a determination and in doing will consider: the time and place of death; and cause of death; any precautions, which, if taken, may have led to the death being avoided; any defects in the system which caused or partly caused the death; and any other relevant details.

Interestingly, the Scottish Government wants to modernise the Fatal Accident Inquiries legislation, and on 1 July 2014, opened a consultation seeking views on their proposals for doing so.

Looking for Fatal Accident Inquiry Representation in Glasgow?

McCarthy Law, based in Glasgow, can represent you in a Fatal Accident Inquiry. For more information or to discuss any other service, please contact Kathleen on 0141 337 6678 or 07988 905 198. Alternatively, please complete our online enquiry form.