x-GiGgLeS-x Posted November 24, 2012 Share Posted November 24, 2012 I need a rant. I am annoyed at our very good legal system. There is legal aid available for anyone who is on benefits but for those families who work for the minimum wage and struggle to make ends meet have to pay for legal help. I would understand if it was a criminal matter etc but when it relates to family matters and the fact that one side of the party has to stand down due to not being able to afford legal aid and barristers at £1000 an hour + I think its discusting. Its not about whats best for the child or the right thing to do its about who can drag it out due to having legal aid and who has the most money to spend on barristers, solicitors and court fees!! Our country should be ashamed!!!! Link to comment Share on other sites More sharing options...
Moosey Posted November 24, 2012 Share Posted November 24, 2012 I need a rant. I am annoyed at our very good legal system. There is legal aid available for anyone who is on benefits but for those families who work for the minimum wage and struggle to make ends meet have to pay for legal help. I would understand if it was a criminal matter etc but when it relates to family matters and the fact that one side of the party has to stand down due to not being able to afford legal aid and barristers at £1000 an hour + I think its discusting. Its not about whats best for the child or the right thing to do its about who can drag it out due to having legal aid and who has the most money to spend on barristers, solicitors and court fees!! Our country should be ashamed!!!! I agree with you entirely, even as a lawyer. The further cuts thanks to Lord Jackson that are coming up will mean that there is very little access to justice for people, post April. Legal aid will be gone almost entirely, and conditional fees a thing of the past. The time of justice for all has, in my view, gone. (Just as a side note, no barrister charges £1000 an hour - £200 an hour maybe) Link to comment Share on other sites More sharing options...
andygardener Posted November 24, 2012 Share Posted November 24, 2012 I need a rant. I am annoyed at our very good legal system. There is legal aid available for anyone who is on benefits but for those families who work for the minimum wage and struggle to make ends meet have to pay for legal help. I would understand if it was a criminal matter etc but when it relates to family matters and the fact that one side of the party has to stand down due to not being able to afford legal aid and barristers at £1000 an hour + I think its discusting. Its not about whats best for the child or the right thing to do its about who can drag it out due to having legal aid and who has the most money to spend on barristers, solicitors and court fees!! Our country should be ashamed!!!! A friend of mine took a civil legal case to court involving family matters representing herself and won no problem, even though the other party had legal aid funded lawyers. You don't need to be an expert on the law, you just need to acquaint yourself with the law pertinent to your case, which much as the legal profession would wish it not to be is all online. If the case is a dodgy one requiring fancy lawyers to argue obscure points of case law then it's probably not a case worth bringing. If it has right on it's side then don't back down just because the other side has a git in a gown trying to defend the indefensible. Link to comment Share on other sites More sharing options...
x-GiGgLeS-x Posted November 24, 2012 Author Share Posted November 24, 2012 for those that try to look clever you dont. i know what i am talking about because i have been dealing with this matter already. with a solicitor that charges 150 per hour excluding vat etc and before you try to jump at me check what i am saying first. i currently have a solicitor at 150 per hour excluding vat and i also need a barrister which is 1000 per hour (Google it) so i suggest you know the differences first. Link to comment Share on other sites More sharing options...
andygardener Posted November 24, 2012 Share Posted November 24, 2012 for those that try to look clever you dont. i know what i am talking about because i have been dealing with this matter already. with a solicitor that charges 150 per hour excluding vat etc and before you try to jump at me check what i am saying first. i currently have a solicitor at 150 per hour excluding vat and i also need a barrister which is 1000 per hour (Google it) so i suggest you know the differences first. I don't know if that was aimed at me but I wasn't at all trying to be clever. Don't walk away from justice because of silly legal fees is what I was saying. £150/hr for a solicitor is a rip off. Fire your solicitor. £1000 an hour is insanely high money for a barrister, the only barristers getting that sort of fee are doing so temporarily in libel cases where both (very rich) sides want the same representation so it turns into an auction. If your case has merit, take it to court yourself. If you walk away then you lose. If you take it to court and represent yourself, the worst that happens is you lose. Link to comment Share on other sites More sharing options...
cgksheff Posted November 24, 2012 Share Posted November 24, 2012 ............. and i also need a barrister which is 1000 per hour (Google it) so i suggest you know the differences first. Before you go off on one, you can find a superb barrister for a lower fee rate than that. Now. That same barrister at a lower rate may well cost you something closer to £1,000 for a 1 hour hearing, but that is not the same thing. They will be charging, say, £300 per hour for a 30 minute briefing, an hours preparation, 30 minutes with you prior to the hearing and an hour in the hearing. .... or some variation of that, with or without transport expenses etc. Link to comment Share on other sites More sharing options...
Moosey Posted November 24, 2012 Share Posted November 24, 2012 for those that try to look clever you dont. i know what i am talking about because i have been dealing with this matter already. with a solicitor that charges 150 per hour excluding vat etc and before you try to jump at me check what i am saying first. i currently have a solicitor at 150 per hour excluding vat and i also need a barrister which is 1000 per hour (Google it) so i suggest you know the differences first. Not sure who that's meant for, but two of the people who've replied, me and one other, are qualified lawyers, so we know for an absolute fact that your average barrister charges nothing like £1,000 an hour. Most are, in fact, cheaper than I am. Generally £150 - £200 an hour. If someone's told you otherwise, I'm afraid they're lying to you. If it's your solicitor, that's because they don't want to take your case on I'd suggest. Link to comment Share on other sites More sharing options...
Moosey Posted November 24, 2012 Share Posted November 24, 2012 £150/hr for a solicitor is a rip off. Fire your solicitor. If you take it to court and represent yourself, the worst that happens is you lose. A few points. We solicitors don't set our hourly rates - the Courts do. The rates are set by work type, location, and experience. There's not many grades, so for example £90 an hour in Sheffield gets you a trainee. £200+ gets you a partner. Second thing is, the worst that can happen is they lose and get a costs order against them, for a couple of thousand pounds worth of legal fees. That's the worst that can happen. Link to comment Share on other sites More sharing options...
andygardener Posted November 24, 2012 Share Posted November 24, 2012 A few points. We solicitors don't set our hourly rates - the Courts do. The rates are set by work type, location, and experience. There's not many grades, so for example £90 an hour in Sheffield gets you a trainee. £200+ gets you a partner. Second thing is, the worst that can happen is they lose and get a costs order against them, for a couple of thousand pounds worth of legal fees. That's the worst that can happen. Total rubbish. The Courts set a maximum fee you can charge for representation in court. So your fees are limited by the Court for time in court. To suggest that means you don't set your own fees is utterly mendacious. The OP is as far as I can tell not talking about court fees but non-court fees for which you can charge as much as you please. For a lawyer a couple of thousand pounds will clearly be nothing. For the OP it may be a lot of money. Hence my suggestion she steer clear of lawyers and represent herself. Link to comment Share on other sites More sharing options...
Mel's Mum Posted November 24, 2012 Share Posted November 24, 2012 Have you actually been assessed and turned down for legal aid or are you assuming you won't qualify because you aren't on benefits? It used to be the case that a certain portion of earnings, eg the amount paid for rent/mortgage, was not counted in the legal aid application. HOWEVER I haven't practiced law for 4 years and as Moosey said there have been several changes made, but it might be worth applying if you haven't already done so. Link to comment Share on other sites More sharing options...
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