Money on the mind, from courts and PI to billing
After last week's glut of silly season stories - to which the law is always a generous contributor - the news desks this week were presumably feeling exhausted and had fewer legalstories than usual.The Times revealed that the much heralded shake-up in the family courts has been marred by pay and funding disputes, which has meant that 'hundreds of children from broken homes are being kept waiting for decisions on their future' (22 August).The Children and Family Court Advisory and Support Service (CAFCASS), set up in April of this year to improve the handling of children's cases, was described as an 'unmitigated disaster' by the National Association of Probation Officers, which claimed it was not only underfunded but '7 million to 8 million over-budget'.
The organisation's staff apparently 'have no offices and are being forced to share desks or work from home' which has unsurprisingly resulted in 'morale reaching rock bottom', and staff suffering 'high levels of sickness'.Youngsters were having a rough deal this week, with the Youth Justice Board publishing figures showing that 'young offenders who have committed similar offences are far more likely to be put behind bars in some parts of the country than others' (Daily Telegraph, 23 August).This 'geography justice' was particularly bad in south Wales, where two neighbouring areas handed out radically different sentences: Merthyr Tydfil, uniquely in the UK, gave out equal numbers of custodial and community sentences, whereas magistrates in neighbouring Pembrokeshire had the most lenient sentencing policy in the UK, handing out only one custodial sentence for every 42 community service orders.
The discrepancies were explained as 'local sentencing culture' and, perhaps obviously, 'different attitudes by magistrates to the same facts'.At last, some good news for the beleagured personal injury specialist Claims Direct.
Simon Ware-Lane, the private investor who already owns a 4.5% stake in the company, was reported to have flown into the UK from his Spanish base and be 'close to concluding a deal with the co-founders of the business to acquire a significant stake' (Financial Times, 21 August).The business fell back into the hands of solicitor Colin Poole and Tony Sullman last week 'after a bitter battle for control' (Financial Times, 23 August), and Mr Ware-Lane - who is also a shareholder in Surrey-based personal injury specialist Claimline and is believed to be looking into reversing Claimline into Claims Direct - is looking to acquire the two men's combined 55.4% of the company.Mr Ware-Lane's international character - he lives in both Spain and the US - is becoming a common phenomenon with newly recruited lawyers, if an article in the Financial Times is to be believed (24 August).
Many of the world's biggest law firms are 'looking to recruit on a global basis', and lawyers are now seen as a 'global rather than a local resource'.
City firm Clifford Chance says that 'we will consider candidates from any jurisdiction' and offers a 'virtual recruitment' service, where candidates can apply for a vacancy on-line and be interviewed by video conference.
The problem with this 21st century globalisation being the harmonisation of training procedures across different jurisdictions, the paper noted.Another thorny issue raised this week was the old favourite of billable hours, specifically that 'bills based on time rather than value for money remain a source of friction between client and law firm' (Financial Times, 27 August).
The problem is that 'hourly billing remains at the heart of the perception held by many clients that lawyers represent poor value for money' and 'do nothing to encourage efficiency'.
To illustrate the low regard in which they are held, the FT told the well-worn tale of a lawyer who found himself at heaven's gate confronting St Peter.
'He protested that he was only 49 and far too young to die.
"That's odd," said St Peter, checking his records.
"According to the hours you've billed, you're 119."'Victoria MacCallum
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