The Impact of the Proposed Legal Aid Changes

Justice Secretary Ken Clarke has been laying out proposals for changes in legal aid that will limit the types of cases where legal aid is available, therefore savings significant costs. Currently over 2 billion a year is spent on legal aid in the UK, an amount that is more than ten times that of France. Areas where legal aid will no longer be available will include claims against hospitals, doctors and schools, immigration, benefit and employment disputes and family law cases. Also in the proposals is that fees for legal aid solicitors will be cut by 10%. It is being seen by supporters as removing legal aid where it is being wasted but keeping it where it is really seen as necessary, while critics say that it will mean the poorest members of society will in some cases be unable to get justice.

So, what will be the impact of these changes should they go ahead?

One area of law that has significantly increased over the last decade is no-win no-fee suits. Currently the costs, and therefore solicitors fees, are recovered from the losing side. This is something that will no longer be possible.

In most cases legal aid will no longer be available in cases against public institutions such as doctors, hospitals and schools. Cases that will be affected will include those seeking legal action after medical mistakes. With regard to schools it is likely to limit the number of accident claims and appeals against school entrance. Some would argue that not being able to take legal action for genuine accidents is a good thing while other say it means that institutions will no longer be held responsible for a lack of care.

Family Law is seen as an area that will be impacted most by these proposed changes. Half of the total money saved will happen in the area of family law alone. Legal aid will still be available in cases that involve domestic violence, forced marriage and child abduction, but in a relatively straight forward case it will not be the case.

In general it is expected that the number of so called minor legal disputes will be less commonplace. This is something supporters see as a major plus points, on top of the obvious fact that it will save public money. The changes may put to an end (to an extent anyway) the increasing culture of looking for blame to profit from unfortunate situations, such as minor accidents. Some see certain cases as people taking advantage of legal aid where they would not pursue the case if they had to pay for it themselves, even if they could afford to. This will therefore reduce unnecessary legal action.

There are, of course, potential problems. Some are worried that the less well off will suffer unfairly, that there will be situations where people will not get justice where someone better off, and able to afford legal advice themselves, will be able to carry a case forward. It could also lead to irresponsibility with businesses, organisations and individuals held less responsible for their actions.

Andrew Marshall (c)

Custody of Children after a Divorce

Over the course of history women have been given custody of children after a divorce more often than men. This used to be seen almost as an automatic right. This has changed slightly in recent times though, with Fathers given significantly more rights when it comes to looking after children post-divorce. This applies to both custody and visitation rights if their ex-wife has been given custody. A Fathers role in the development of children is taken much more seriously than in previous times. Family Law states that Fathers have equal rights to Mothers and each decision should be made on its specific merits.

Statistics show that women get custody more than men though. What is the reason for this? It could be that there is still some bias towards women by judges, who assume that Mothers make better parents. On the other hand it could just be that Mothers tend to more often be in the position where the children living with them would be more appropriate.

After a divorce there are many factors that are taken into consideration when deciding which parent should get custody of the children. Each parents employment status can be a very important factor. If one parent works full-time and the other doesnt work at all, it may be deemed best that the children live with the parent who does not work. This is because (s)he has more time to be able to devote towards the children. This may be one reason why women gain custody more often than men; it is more common for women to be stay-at-home parents than men, although this is not as common as it once was. A decision is most likely to be based on this reason if the situation was the same when the couple were married, and this parent has spent more time with their children as a consequence. The decision can in some cases be made the other way round, with the parent who does work being deemed to be in a more financially stable situation. This is not always the case because this parent will usually be required to make maintenance payments to help the other parent bring up their children.

The situation each parent finds themselves in and the stability of this situation is also important. This can depends on employment as well as other factors, such as lifestyle. If one parent has medical or psychological problems, then they may not be deemed the best parent to bring up the children. If one parent has re-married it could work either way. It may be seen as a negative to have someone else playing a part in their upbringing so soon after their parents have separated, but it could also be decided that this is a better family environment to bring children up in. A criticism of the system is that too much of the decision comes down to the opinions of a particular judge, and no matter how much Family Law stipulates what should happen, everyone has certain biases.

Andrew Marshall (c)

Custody of Children after a Divorce

Over the course of history women have been given custody of children after a divorce more often than men. This used to be seen almost as an automatic right. This has changed slightly in recent times though, with Fathers given significantly more rights when it comes to looking after children post-divorce. This applies to both custody and visitation rights if their ex-wife has been given custody. A Fathers role in the development of children is taken much more seriously than in previous times. Family Law states that Fathers have equal rights to Mothers and each decision should be made on its specific merits.

Statistics show that women get custody more than men though. What is the reason for this? It could be that there is still some bias towards women by judges, who assume that Mothers make better parents. On the other hand it could just be that Mothers tend to more often be in the position where the children living with them would be more appropriate.

After a divorce there are many factors that are taken into consideration when deciding which parent should get custody of the children. Each parents employment status can be a very important factor. If one parent works full-time and the other doesnt work at all, it may be deemed best that the children live with the parent who does not work. This is because (s)he has more time to be able to devote towards the children. This may be one reason why women gain custody more often than men; it is more common for women to be stay-at-home parents than men, although this is not as common as it once was. A decision is most likely to be based on this reason if the situation was the same when the couple were married, and this parent has spent more time with their children as a consequence. The decision can in some cases be made the other way round, with the parent who does work being deemed to be in a more financially stable situation. This is not always the case because this parent will usually be required to make maintenance payments to help the other parent bring up their children.

The situation each parent finds themselves in and the stability of this situation is also important. This can depends on employment as well as other factors, such as lifestyle. If one parent has medical or psychological problems, then they may not be deemed the best parent to bring up the children. If one parent has re-married it could work either way. It may be seen as a negative to have someone else playing a part in their upbringing so soon after their parents have separated, but it could also be decided that this is a better family environment to bring children up in. A criticism of the system is that too much of the decision comes down to the opinions of a particular judge, and no matter how much Family Law stipulates what should happen, everyone has certain biases.

Andrew Marshall (c)

Find a very good family law attorney in Orange County

Most Oc divorce attorneys have vast experience litigating cases on behalf of residents. If you are looking for a firm/p>

to situation, it’s best to perform thorough research through a number of the thoroughly tested attorneys.

Because issues surrounding your marriage require safe legal backing, it is only natural to rent the very best divorce expert. Matters like property, children, custody are sensitive and should be treated like so.

Specializations of Orange County family law attorney

Unlike civil, property and industrial law, family law involves a substantial degree of emotion. The difficulty becomes complicated when there is emotional or physical abuse along with the couple doesn’t desire to breakup yet. Similarly, should they cannot agree regarding how to divide property, who takes care of children, a highly qualified attorney is necessary. Actually, in many instances each spouse requires a lawyer of their own to correctly advice and represent them in the court. Therefore, Orange County family law attorneys are given the job of a tremendous responsibility.

They cope with matters of divorce, your kids, alimony, division of property, mediation and paternity.

Importance of settling for the best attorney

When you shop for children attorney, you want a person or lawyer that you could trust with your most personal information. Such as financial, emotional and also sexual matters. Evidently, they are crucially intimate issues. And so the person you hire must have a solid character and repute. Choose a seasoned Oc divorce attorney. Allow them to have a portfolio of impressive background both into and out of court. If the matter is approximately an impending divorce, you need legal counsel with strong cross examination attributes to effectively grill witnesses. This way, you will end up assured of fair justice. Otherwise, deficiency of an experienced attorney may make you lose out on an essential property or right.

Desirable qualities

In your quest for an Orange County family law attorney, there are a few specific qualities that ought to be desired. He should make himself on hand directly. If he’s busy, at least allow him to answer your telephone calls and emails. If he keeps giving excuses and

postponing your meetings, it could be a indication of a raw deal. From the same breath, you need to treat your case using the importance which it deserves. The fact that you possess a representative does not mean you need to maintain your hands off. Make sure you give suitable communication.

Comply with the proceedings appropriately and present the maximum amount of information as they are needed. Similarly, he should communicate for you regarding the budget and strategy that you’re going to take. Doing this prior to proceedings is essential to organize your financial situation. Concur with a fixed level of estate agent fees that you will spend on his services. It’s not at all uncommon for any dishonest Orange County family attorney to shortchange complaintant once a case may be won.

If you need an Orange County Divorce Lawyer, Call Attorney Julian Fox for all of your Family Law needs including property division, child support, and child custody.

tips for finding the right Family Law attorney

The term -family law’ relates to all legal issues involving a family. This includes marriage, domestic violence, divorce, adoption and child custody and support. Going through a family problem plays with your emotions; and you need someone who will be able to give you the right guidance and help throughout the proceedings.

And this person you can turn to for help in such situations is an attorney of family law. When you choose a lawyer, ensure they are someone you can trust and are comfortable with enough to discuss your personal and private matters. The right, experienced law firm will help you resolve all your marital and family cases as quickly as possible, at the lowest possible expense.

Here are some tips to ensure you choose the right lawyer to represent you in your case.

1.Choose a lawyer with extensive experience and knowledge in family law.

2.As different states have slight variations in their laws, choose a lawyer well versed in your state laws. To investigate this, consult your state and county Bar Associations.

3.Do not forget to discuss and finalize fees before you hire your family law attorney. As it is, filing for a divorce can expensive. If you are not aware of the necessary legal fees, you may end up in a financial problem after the case.

4.Most lawyers specialize in a chosen field of law. Make certain to hire an attorney who has maximum experience fighting family law cases.

5.As there are various family law attorneys out there, narrow down your search to three lawyers, and make your choice between them by holding consultations with them. Be ready to pay for your consultation, although many lawyers offer initial visits at no charge. Incurring this expense will allow you to make a properly informed decision.

6.Be frank and forthright during your consultation. Your attorney will decide whether or not to take the case based on the information you provide. Complete honesty with your attorney will provide them with the tools to press your case.

The Houston law firm of W. Matthew Waldrop specializes in family law, including divorce and child custody issues. His expertise will ensure your case reaches the best outcome possible.