Tuesday 8 December 2009

Christmas is coming

I hope everyone has a happy Christmas. For some however that is not possible.

Children of recently separated or divorced parents are passed from pillar to post to please the parents and their respective families. No thought for the children. I suggest that you let the children stay in one home and arrange for visits to them not by them.

The families of prisoners miss their loved ones and the victims of crime and their families reflect on the horrible events of the year. I say: try to focus on the fact that at Christmas we remember the birth of Jesus and try to think about his message to the world. Forgiveness is a way of gaining strength.

Old people, young people, people of all ages will be bullied, battered and abused at home and in places where they are supposed to be cared for. Visit a relative, make contact with someone you know is in someone else's care, visit your neighbours and make sure they are fine.

People who are sick or depressed need support and love not platitudes and sympathy. Empathy is a much stronger emotion. Joy and laughter a powerful relief.

It is easy at Christmas to be selfish. The commercialisation of Christmas has made it a selfish event. "I want", "give me more", "I must have". Are you trying to buy love or are you showing someone, through the giving of a gift, that you care for them.

Place the wishes of others before your own desires and then give yourself space for peace in your life.

On Christmas morning I shall be on a beach with my wife and children drinking hot chocolate and eating a few cakes. The laughter of my children and the warmth of my wife's hand in mine make my life full beyond the promise of possible happiness from things, gadgets and gizmos.

"As we sit down together for Christmas lunch, let us remember those people who long for what we in our lives take for granted".

Tuesday 17 November 2009

Panorama

The Home Office directs the various Police Forces of England Wales and Northern Ireland as to what they need to do to stay within budget and targets.

The introduction of cautions and of conditional cautions was designed to make the life of the police officer easier (less paperwork); to make the Police Service look effective (statistics) and to control money (to keep The Treasury and Home Office happy).

Now that we are approaching an election it is highly likely that those arrested for offences will be charged to Court only so that the Government can say how tough they are and so the Government can flaunt those figures in its election campaign.

The Police talk a lot about looking after victims and victims rights. They disguise their inadequacies by blaming lawyers, judges and everyone else. The idea that a person can be cautioned for biting a woman or for glassing a man is absolutely ridiculous. Police officers will criticise judges for the sentence imposed without any reference or understanding of the Sentencing Guidelines. Those decisions referred to in Panorama were made by Police Officers. There are no lawyers to blame.

Those Chief Constables and those individuals in Police Authorities who have kept silent and gone along with this fraud should resign. Jack Straw should resign.

The problem is that the Government is not willing to pay the price that real policing and real justice demand. They are quick to seek out measures that appear to offer Justice on the cheap.

The Government knows the price of everyting and the inherent value of nothing.

Each Police area command or Metropolitan borough should have on call 24 hours a day a solicitor/barrsiter prosecutor. That person should approve all disposal decisions.

There should be enough solicitor/barrister prosecutors to ensure that each prosecutor can have at least two days in the office to deal with case papers so that cases are dealt with efficiently and proactively.

There should be less money spent on managers and statistic gathering etc and more on properly qualified lawyers.

Prosecutors and the Police should train together. It is incredible how many Police Officers do not understand  evidence or charging guidelines.

From listening to Police Officers one would think that the CPS, Judges and indeed those who act for Defendants just make up what they do on a whim to frustrate the Police. If they actually knew why decisions were made that they did not agree with, they might actually be better police officers.

The only way to deliver real justice is to ensure that there are enough of the best people working at the CPS. Thinking up procedures to save money that look like Justice is no more than a fraud upon the public and the taxpayer.

Tuesday 3 November 2009

The LSC £millions overspend

You may have read about the NAO's crtiticisms of the LSC about excessive claims by Solicitors in family cases.

It is difficult to explain how this can happen but essentially the system created by the LSC is so unclear that it is possible to genuinely claim one thing when the LSC, later, assess it as another. It is the necessity for after the event checking which shows how poorly constructed the system is.

Fees are suppoosed to be fixed and simple. This is supposed to lead to less administration by the solicitor and by the LSC. This then saves money.

The problem is that the fee system is not simple or straightforward.

Add to this the fact that the reduction in fees paid has meant that more and more work is undertaken further and further down the legal "food chain" because profit has been squeezed out of the legal aid fees system. Senior Solicitors are seeking private clients and moving away from legal aid. Junior staff and secretaries are left to deal with legal aid. There should be supervision and there is, but it is proportionate to the fee paid per case. After all time spent supervising ie checking what someone else has done, is unpaid work and, in the current climate, sitting at a desk not earning fees is just not financially viable.

The Ministry of Justice and the Legal Services Commission demand high quality standards whilst paying minimal fees.

A Solicitor can work 1/3 of the files if paid privately by a client to earn the same amount from legal aid cases. That means a legal aid solicitor operates 3 times the files as a privately paid solicitor to earn the same income.

It is no wonder firms are working out how to abandon legal aid.

"So what!" The taxpayer cries. "It has been a gravy train for too long."

Children will be unrepresented at Court in care proceedings. Contact and residence applications will be argued out by the parents in person. Cases will take longer and cost more. Children and parents will suffer.

Neither the MoJ nor the LSC places any value on the work of Solicitors. All they care about is the price.

Friday 23 October 2009

So much for Human Rights!

Once a criminal always a criminal

Prisoners need Help too

At Emmmersons we spend a large part of our time helping victims. We help them obtain a divorce from a violent partner or an injunction to keep a violent or annoying person away.

Just because we also represent those charged with or convicted of criminal offences does not mean we do not understand what it is like to be the survivor of violence or abuse. Some people seem to think that as we represent those charged with criminal offences we have nob understanding of what it is like to be a survivor.

Prisoners are in a very vulnerable position. Prisons are crowded. No matter what you might read or hear they are not pleasant places. Violence is common. The use of drugs is common. Bullying is common.

A Prisoner may have rights but he or she is very much at the mercy of the attitudes and conduct of the prison Officers and the Prison Management. Rights only have value if they are recognised or, if not recognised, are enforced.

Prisoners can be moved away from their family to another part of the country without any explanation. They can be categorised or refused re-categorisation without any or with minimal information.

Trying to communicate with a prisoner can be difficult as his or her post is read, one cannot actually phone in and ask to be put through to a prisoner's cell.

Video conferencing is possible and allows a prisoner to communicate with his solicitor or barrister confidentially.

If you know someone in custody and they have a complaint about how they have been treated then you could suggest that they contact us.

What is it like to be in prison?

Friday 25 September 2009

Read all about it!

Our PR company o communications has been working hard at raising our profile and to promote the fact that we have opened an office in Gosforth.

We have appeared in the Northern Echo and in the Journal and the business pages of the Journal Newspaper online.

Friday 11 September 2009

Launch Party Update

We have already informed local businesses in Gosforth of what it is we intend doing on 6 October at Opus Gallery, West Avenue Gosforth at 6-30pm. We intend raising money for SSAFA and paying Tribute to our Armed Forces.

If you wish to get involved then contact Michael Robinson at
amrobinson@emmersons-solicitors.co.uk

or contact Bethany Snow on 01912846989 or by email:
gosforth@emmersons-solicitors.co.uk

Monday 17 August 2009

House of Lords debate legal aid

http://www.theyworkforyou.com/lords/?id=2009-06-23a.1453.0
It would be wrong for me to suggest that those speaking in the debate don't understand why legal aid is essential or why legal aid should not be the runt of the Social Welfare litter. However I can't help thinking that they don't. All Lord Bach seems worried about is the fact that The Treasury and the Prime Minister have told him "there is no more money". He and his predecessors just accept that and then try to make a litre of need fit into a pint pot.

Why is there an increased demand on legal aid? Legal aid spending is client led. One cannot get paid unless one has a legal aid client. Getting legal aid is not easy. So why do so many qualify? Where has the increase been?
http://www.justice.gov.uk/news/speech110609a.htm/

The main problem is that the Government, Ministry of Justice and Legal Services Commission have decided that the only answer is to cut, cut, cut. Cut the numbers of lawyers doing the work and cut the spending on it. At the same time they introduced Call Centres and so called one stop shops to provide legal advice. They refer to this as "acts of assistance" as if helping people is enough. It is resolving issues that counts and allowing people to access good quality lawyers so they get good quality advice.

There are alternatives
http://www.lawsociety.org.uk/newsandevents/news/view=newsarticle.law?NEWSID=421075/

The latest crazy idea is BVT. It just does not make sense. No-one believes it will work or deliver what the Government, Ministry of Justice or Legal Services commission wants from it. It is a mish-mash of biz-speak, experiment and utter nonsense. http://www.lawsociety.org.uk/bestvaluetendering

Friday 14 August 2009

Helen Taylor, by any other name, is still a lawyer

Helen Taylor is now known as Helen Martin. This happened a few months ago when she got married.
Some professional women, like Jacqueline Emmerson, keep their maiden name for professional purposes. Jacqueline is known as Mrs Robinson at home.

New Conveyancer


John Coulter is employed by emmersons as a conveyancing Solicitor. We believe that clients should be advised by and have their case conducted by a Solicitor. Other firms and organisations believe that unqualified staff can do the work just as well and so charge lower fees. It all depends what you are after. If you pay a low fee then you are risking quite a lot more than the money you have saved.
You are what matters to us. You may wish to sell a house and move to a new home because you are getting married or starting a family. You may have separated or recently divorced and its time to start over. You may wish to retire and buy your dream home. You may wish to buy a child a home whilst they study at University (what about rental agreements, tax) and then sell it after 3 years.
Maybe you're starting a business and you wish to lease premises or your business is expanding and you require bigger premises.
Whatever the reason you have, our aim is to help you fulfill your dream.

Tuesday 11 August 2009

Launch Party

We hope to hold a Launch party on 6 October 2009 at Opus Gallery http://www.opus-art.com on West Avenue Gosforth to celebrate the opening of our Gosforth office.

The theme for our Launch party will be "A Tribute to HM Forces" and we hope to raise lots of money for SSAFA http://www.ssafa.org.uk Our intention is to invite representatives from local businesses who have served or who have sons or daughters who are serving to our Launch party. Each representative of each business will hopefully bring a cheque to donate to SSAFA.

Friday 31 July 2009

New Office to open

Emmersons has been based in Sunderland since 1998. It was founded by Jacqueline Emmerson, who is the senior partner.


The Sunderland office is located at 52 John Street Sunderland SR1 1QN telephone 01915676667.mailto:amrobinson@emmersons-solicitors.co.uk

The firm's website is www.emmersons-solicitors.co.uk

The Sunderland office deals mainly with legal aid cases involving Divorce and Contact/Residence cases, Care Proceedings and Crime as well as the private client functions of Conveyancing both Commercial and Residential, Business Advice, Wills and Probate and Estate Planning.

The new office is located at 145 High Street Gosforth NE3 1HA telephone 01912846989.It will be fully-functioning from September this year and will offer private client services in relation to Divorce, Conveyancing both Commercial and Residential, Commercial litigation and Wills and Probate and Estate Planning.