Importance Of Having The Right Legal Representation
Posted on 26th March 2020
Do you need the best local solicitor? Exactly how important is it to have the right legal team on your side? A recent Court of Appeal case, an employment matter Mervyn v BW Controls Ltd, has highlighted the issues of people with no legal experience bringing complex claims. Ms Mervyn, representing herself, had selected the wrong option on her initial Claim Form submitted to the Court, something that conflicted with her written allegations against the Respondent, her former employer.
As a result, Ms Mervyn’s case was dismissed as it was incorrectly pleaded and that which she had asked the Court to consider was not a valid reason for a claim in the circumstances. Briefly summarised, Ms Mervyn claimed to have been constructively dismissed when, in fact, it appeared she had been unfairly dismissed. The distinction is not one that is easily picked up, but there is a clear legal distinction. Lord Justice Bean stated that he believed it was good practice for Tribunals offer some guidance to unrepresented parties saying ‘I do not think, with respect, that it was enough for the tribunal simply to ask at the start of the substantive hearing whether the parties confirmed the previous list of issues’.
Why should I have a legal representative?
As illustrated above, not having the correct advice and representation can prove costly in terms of time and the failure of your case itself. The Court is often an unforgiving place to be, as the Judges must apply the Law as it stands and so, although there may be some leeway for a little sympathy or flexibility of the rules, they cannot stray too far, as their decision can then be Appealed and their conduct criticised – Judges are, not quite, above the Law.
How can I pay for representation?
Whilst Employment cases do not routinely provide for recovery of Legal Fees, this is not always the case. In most cases, legal representation is affordable and can be funded in a variety of ways. MG Legal, your solicitors Lancaster, have a variety of ways to make our services as accessible and affordable as possible.
For a Personal Injury claim, we aim to accept all cases on a Conditional Fee Agreement (no win, no fee agreement) meaning all monies are recovered at the end of the successful case. Our property team offer fixed price Conveyancing and associated matters, as does our Family and Children team. Last but not least, our Private Client team offer fixed- fee Wills, Powers of Attorney and Deputyships. With a team of solicitors in Garstang, Lancaster and Longridge, and home visits available, our team have you covered wherever you are.
A very few of our services are offered on an hourly basis, however, we do our very best to offer a clear estimate of costs and the prospect of where those costs may be recovered from.
It is also possible that Legal Expenses Insurance could fund your case. Legal Expenses Insurance is often attached, as an added extra, to other insurance policies but also to certain financial products. MG Legal, your solicitors Lancaster, once pursued an individual for an act of negligence, against an insurance policy attached to their credit card.
Is it a requirement to have a solicitor?
No, for most matters, it is not a requirement, although there are certain steps of processes that may need the involvement of a solicitor. Most commonly, Small Claims Track claims, those disputes involving no personal injury and valued at less than £10,000.00 do not provide for recovery of legal fees beyond a token sum, usually no more than £80.00.
Small Claims Track hearings are usually a little more relaxed than other types of claim and you would not be expected to produce the quality of documents that we at MG Legal, your solicitors Lancaster, would produce. However, the Judge will still have to apply the Law and so, if you have no utilised the correct regulation, law or case-law you are likely to fail in your case.
How do I instruct a solicitor?
Get in touch with MG Legal, your solicitors Lancaster, to speak to one of our specialist teams. We always aim to speak to new and prospective clients immediately, either discussing your need immediately, sending out documentation for you to complete or setting an appointment for you to meet with us.
Our goal is to get the ball rolling quickly and if at all possible, the same day. We appreciate that at points the legal process can take time and so, we look to eliminate all unnecessary delays or waiting periods.
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