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PRECEDENTS
Complete this checklist to ensure you have taken all necessary steps to protect the firm and act in the client’s best interests when providing unbundled legal services. A: Client details Client name [Insert client name] Client number [Insert ] Matter number [Insert ] Fee earner [Insert ] Supervisor [Insert supervisor. Note: this checklist incorporates a requirement for supervisor approval ] B: Screening questions Requirement Yes/No Have you discussed with the client:—the nature of the client's case—the complexity of the case—what they hope to achieve from instructing you on an unbundled basis—whether there is an alternative source of funding? ☐ Yes☐ No[Confirm whether you have completed this action, covering all the listed factors. If it is not applicable, state why. Include additional notes or comments as required but there is no need to duplicate information from your attendance note.] Are you satisfied it is appropriate to provide unbundled services taking the above factors into account? ☐ Yes☐ No Are you sufficiently experienced to provide the services the client requires? ☐ Yes☐ No—consider whether you can refer this matter to a colleague? Does the client have any particular attributes, needs and circumstances that we should
PRECEDENTS
Complete this attendance note when dealing with an initial enquiry and/or when taking initial instructions about providing unbundled legal services. If you agree, in principle, to provide an unbundled service, you should then use form Unbundled legal services—attendance note for the substantive service to record the client’s substantive instructions and service provided. If you take the initial enquiry and provide the substantive advice or service simultaneously, you should use Unbundled legal services—attendance note (combined preliminary instructions and substantive service). A: Client details Client name [insert client name] Client number [insert client number] Matter number [insert matter number] Matter type [insert, eg family proceedings] Fee earner [insert name of fee earner] Supervisor [insert name of supervisor] Date [insert date] B: Screening questions Description of the client's matter [insert description of client’s matter] Likely complexity of the matter [insert analysis of the complexity of this matter, with reasons] What the client hopes to achieve from instructing you on an unbundled basis [insert] The appropriateness of providing an unbundled service to the client, taking into account:—the likely complexity of the matter—the client’s attributes, needs and circumstances—the client’s ability to
PRECEDENTS
1 Introduction 1.1 This policy sets out the procedures to be followed when providing unbundled or limited services to clients. If you have any questions on this policy, please refer to [insert who, eg the firm’s COLP]. 1.2 We are committed to providing a good standard of service to all clients and all staff share the responsibility of ensuring we achieve this. This includes: 1.2.1 acting with integrity and in clients’ best interests; 1.2.2 treating our clients fairly; 1.2.3 explaining any limitations or conditions on what we can do for the client, which is particularly relevant for limited retainers; 1.2.4 considering and taking account of our client’s attributes, needs and circumstances; 1.2.5 considering whether there is a conflict of interest; 1.2.6 protecting client confidentiality; 1.2.7 ensuring we have the resources, skills and procedures to carry out clients’ instructions in a competent and timely manner; 1.2.8 providing adequate supervision; 1.2.9 providing the best information about costs; 1.2.10 discussing whether the potential outcomes of the client's matter are likely to justify the expense or risk involved; and 1.2.11 providing adequate information about complaint mechanisms. 1.3 All these responsibilities apply fully where we are acting on a limited retainer (see section 2 below).
PRACTICE NOTES
With legal aid no longer available for many areas of family law, challenging economic times and increased competition, more family lawyers may consider offering unbundled services. Overall, the costs of running a law firm have increased. In contrast, clients may be looking to minimise their legal costs, through necessity or as a reflection of the wider availability of legal information that may lead some clients to deal with aspects of their case in person. Pay As You Go, or unbundled advice and assistance (including advocacy), can assist in bridging the gap in such cases. What is it? In essence, an unbundled service means the provision of discrete and limited legal advice and assistance to the client in a case where the client is acting in person. It can comprise a simple checking service, one off advice, or the advocacy in a case. There could also be a more organised 'Pay As You Go' (PAYG) service agreed whereby the client calls on the solicitor for advice at various stages throughout
GLOSSARY
Any unpaid balance on shares issued partly paid.
NEWS
Employment analysis: The Employment Rights Act 2025 was passed just before Christmas and employers are now busy preparing for its reforms, which have staggered commencement dates starting from as early as next month (February 2026). Among the most consequential changes for reward is the removal of the statutory cap on the unfair dismissal compensatory award (currently the lower of 52 weeks’ gross pay and £118,223). The risk is not simply “larger tribunal awards”. The real shift is commercial: once ordinary unfair dismissal is no longer bounded by a statutory ceiling, claim value becomes more fact-driven. That pulls bonus and equity into the core of quantum, settlement dynamics and (in practice) board-level decision-making. Nigel Watson of Burges Salmon considers the issues.
NEWS
Law360, London: The UK government is unlikely to back down from its plans to overhaul current intellectual property law to allow companies to scrape copyright material to train artificial intelligence (AI) systems, despite consistent calls from creatives to tighten the leash, lawyers say.
NEWS
Immigration analysis: The Health and Care Worker (HCW) visa was introduced in August 2020, to support the recruitment of international health and care professionals into the NHS and adult social care sector. By February 2022 the route was expanded to include care worker and senior care worker roles, ostensibly with a view to fill 165,000 vacancies in a sector that had been ravaged by the joint pressures of Brexit and the coronavirus (COVID-19) pandemic. This analysis looks at what has happened since then, including the various restrictions imposed on the route and its final closure for new applicants, the increase of enforcement actions against sponsors, the more limited worker-facing response, and the uncertain future introduced by the ‘Earned Settlement’ proposals. Written by Dr Dora-Olivia Vicol, CEO at the Work Rights Centre.
GLOSSARY
See dematerialised.
NEWS
Dispute Resolution analysis: A firm of solicitors (Miller Gardner) sought to charge fees to a client under the terms of a conditional fee agreement (CFA). In turn, the client (Mrs Plevin) sought an indemnity for those fees from a legal expenses insurer (DAS). The terms of the CFA between Miller Gardner and Mrs Plevin were unclear as to whether a ‘win’ required the making of an inter partes costs order as well as a judgment in respect of the substantive dispute. The generic policy documents which accompanied the legal expenses insurance provided for broader cover than the case-specific schedule. The court determined that the proper construction of the CFA was that a ‘win’ occurred only if an inter partes costs order was made, and that the more restrictive cover referred to in the schedule of insurance applied. The court also concluded that the costs of detailed assessment proceedings were covered by the policy of insurance, but only in the same restrictive terms as provided by the schedule. Written by Alex Bagnall, technical manager at Total Legal Solutions.
GLOSSARY
For firm offers announced before 5 July 2021, this was the time when the acceptance condition to the offer was satisfied or waived by the offeror. In practice, an offeror would usually set the acceptance level above 50%, eg 90% of each class of shares to which the offer relates, while retaining the right to waive this condition and reduce the percentage to a lower level (still exceeding 50%) at a later date. The offeror could then declare the offer unconditional as to acceptances at the lower level, usually for tactical reasons, eg to cause a competitive offer to be withdrawn. Note that the Code now provides that the acceptance condition is not capable of being satisfied unless and until all other offer conditions are satisfied or waived. The effect of this is that an offer cannot become or be declared unconditional as to acceptances while other offer conditions remain outstanding.
GLOSSARY
The unconditional date is Day 60 or any earlier date specified by an offeror as being the latest date by which all of the conditions to the offer must be satisfied or waived.