Many firms have decided to apply for a legal aid franchise in order to meet the challenges that they will face in the future.

These firms have decided to retain their share of the work and have put in place the systems and procedures that are required to meet the Legal Aid Board's (LAB) franchising specification.

They will also have chosen one of their staff to be the person suitably qualified to recognise the need for welfare benefits advice in order to meet the LAB's mandatory requirement.This individual will probably have attended a one or two-day course to enable them to identify the common situations in which welfare benefits advice is needed.

Firms may also have bought a software program for benefit calculation.Many legal problems arise because clients are not receiving the benefits to which they are entitled.

An example is housing benefit where, as a consequence, the client falls into rent arrears and subsequently faces possession proceedings.

Advice on possession actions does include maximising benefits, but it would be legitimate to refer clients for more detailed advice about their full entitlement and how to achieve it.Some firms, anxious to offer more than just a check and calculation service to clients, have appointed advisers to deal with the second-tier work in benefits law -- to act as both caseworker and supervisor.

The LAB has more extensive demands in terms of the quality and quantity of relevant experience.

Two years in case work, together with a demonstrable range of cases within the subject area, are the qualifying standards to obtain a franchise in the area of welfare benefits law.

There is also the chance to undertake the more complicated tasks of preparing for reviews and appeals, challenging determinations and over-payments, and identifying cases to take to judicial review.A firm preparing for the future should consider the option of a franchise in welfare benefits.

A specialist adviser, with a full range of information and reference sources, can provide a vital service to legally aided and assisted clients.

The relationship between their benefits and other matters can be explored and resolved without having to consult another agency or firm.

A relationship with the client of trust an d confidence can be preserved and developed.

Changes in the client's circumstances can be considered and a wider range of options presented.

A firm can quickly gain a reputation for comprehensive client care and build a niche market in the locality.

Welfare benefits clients can often bring in other matters for the firm, such as personal injury, family or housing work.

Successes also increase fee-earner motivation and satisfied clients will spread the word to others.The complex and rapidly changing nature of welfare benefits legislation, like the new jobseeker's allowance, requires a commitment to keeping up to date and constant training.

Cases demand prompt action and the turnover is faster than in many other areas of case work and therefore management systems need to be able to cope with this.

But for many firms the investment needed in staff and resources may be too great and flexible approaches must be be developed.The ability to exercise devolved powers within the LAB's guidelines can prove a positive advantage in progressing cases in the fast-moving category of welfare benefits.

Being able to do further work without having to wait for approval from an area office can lead to a rapid outcome for clients who are worried about where next week's money is going to come from.

Improvements in cash flow generation are always welcome to legal aid firms, as is the opportunity of attracting new work.Advice agencies have, over many years, developed the expertise to deal with more complicated benefits problems, and it is to them that firms without a franchise often refer.

It may be that lessons can be learned from the advice agencies, which may soon be competitors in the franchised advice provision field.

Advice agencies have expressed reservations about franchising, centred mainly on funding issues, but also on questions of confidentiality and supervision and support staff requirements.Perhaps firms need to consider adopting a more creative pattern of provision.

They already have an advantage if they are preparing for franchising in other areas of law.

They have the support staff, the systems, computerisation and regular review practices in place to meet the franchise requirements.

Advice agencies still need to develop in these areas.

Firms may be less proficient in resource management, as their practice of employing full-time staff, with rigid career structures, has led them to disregard the more flexible arrangements followed by advice agencies, where human resources are more scarce.

Job-sharing and part-time work are ways in which small firms could take on second-tier benefits work under a franchise.Liaison and negotiation, rather than litigation, a faster resolution of problems and costs savings are the driving forces from the Lord Chancellor's Department.

If firms are to survive and to continue to prosper in the face of change and increased competition, they should seriously consider developing welfare benefits as a new area of activity.