Sunday, April 24, 2005

Family Law Week - New Website

Family Law Week is the new, unique free source of the latest news, cases and know-how together with best-value CPD for all family lawyers. Go to the site to sign up for your FREE weekly email updates and full access to the site - www.familylawweek.co.uk

Family Law Week is published by Law Week Limited, a joint venture between Lime Legal Limited and Bath Publishing Limited. Their aim is to make information and training on family law more accessible and affordable for the family lawyer. The founders of Family Law Week include Martin West, Brendan Farrell and David Chaplin, who worked together for over 10 years at Jordan Publishing where they were heavily involved in developing the publications and training events under the Family Law name.

The General Editor of Family Law Week is Stephen Wildblood QC of Albion Chambers. As well as being a leading family lawyer with experience in finance and children cases, Stephen is a respected author and lecturer with publications including the Encyclopaedia of Financial Provision in Family Matters (Sweet & Maxwell).

Family Law Week is built on an open-access model. All the content is free to registered users and we are determined to keep it that way. To help us achieve that aim support us where you can by clicking on sponsors links, taking our CPD courses and buying your family law books through the site.

Sunday, April 17, 2005

Professional Negligence Article

Professional Negligence: The unusual suspects

The Proceeds of Crime Act placed greater responsibilities on solicitors to report ciminal activity on the part of their clients. But in doing so, they may lay themselves open to negligence claims. Simon Robert-Tissot looks at a recent case that may help guide lawyers through the maze
For some time, solicitors have had to balance the need to act in the best interests of their clients, while at the same time avoiding potential civil liability. For example, failing to comply with a client’s instructions may risk the solicitor being in breach of both his contractual obligations to his client (including his duty of confidentiality) and his professional duties. Conversely, if he follows his client’s instructions where a third party is beneficially entitled to the monies transferred, the adviser may, where ‘dis-honest assistance’ can be shown, be held to have accessory liability as a constructive trustee. Since the Proceeds of Crime Act 2002 (POCA), solicitors have also had to consider the possibility of criminal liability. The money-laundering regime places additional obligations upon professional advisers to ‘know their clients’ and to think about the sources of funds and the commercial effects of particular transactions. These increased duties make it easier for third parties to assert and establish that the professional had the requisite knowledge for dishonest assistance in a breach of trust. POCA also obliges solicitors to report particular transactions to the authorities. So long as these obligations are met, criminal liability can be avoided. However, the obligations are onerous and the penalties for non-compliance severe, as the six-month jail term recently imposed on solicitor Gavin McCartan illustrates. The position of solicitors is made still more complicated in comparison to that of other professionals by the fact that they must question whether they must disclose privileged communications. In the recent case of Bowman v Fels [2005], the Court of Appeal considered the impact of legal professional privilege in relation to POCA. The decision is helpful in the litigation context, but the judgment raises as many questions as it answers in relation to corporate transactions, where the difficulties described most often arise. The legal quagmire often faced by professionals is amply illustrated by the case of Hosni Tayeb v HSBC Bank plc [2004]. Mr Tayeb had opened an account with HSBC to receive the proceeds of a sale transaction. HSBC received the monies and credited Mr Tayeb’s account. However, later the same day a bank employee became suspicious about the transaction and froze the account. Subsequently, the funds were returned to the transferor’s account and Mr Tayeb’s account was closed. Mr Justice Coleman criticised the bank for failing to adhere to money-laundering regulations, and considered the potential liabilities to which the bank had been exposed. He stressed the obligation on professionals handling client money to verify the source of the funds and to make disclosure to the National Criminal Intelligence Service (NCIS) if they have a genuine suspicion of criminal activity. Mr Justice Coleman said that the employee should not have simply returned the funds to the transferor in an attempt to "disengage from the transfer", but should have investigated. He suggested that the bank should have frozen the account while reporting the matter to NCIS, since if it had done so, it would still have been behaving honestly and no liability to a third party was likely to arise. However, Mr Justice Coleman did not explain how freezing the account and refusing to comply with client instructions would not amount to a breach of contract, nor did he explain how to deal with the situation where NCIS failed to respond quickly or where the client required the monies to be applied immediately for a particular purpose. Mr Justice Coleman also cautioned that freezing the account could give rise to potential liability for tipping off under POCA. In the earlier case of Bank of Scotland v A Limited and Ors [2001], the bank knew that the customer was being investigated for suspected fraud and was asked by the police not to take action which might tip off the customer. However, the bank believed it was about to be instructed to pay monies out of the account by the client and so, without informing its client, it applied to court for instructions, naming the client as the defendant. Surprisingly, the Court of Appeal held that the application should have named the Serious Fraud Office (SFO) as the defendant. Lord Justice Woolf also held that the parties would have to bear their own costs unless the SFO had acted unreasonably. The bank was actually ordered to pay both sides’ costs because it had made the application against the wrong party. To avoid civil liability where there are genuine suspicions about the source of the funds, the safest course of action is likely to be to refuse to pay the funds away (or even back to the client). Otherwise, the solicitor honours his duties to his client but risks being liable as a constructive trustee to the rightful owner of the monies paid away. Mr Justice Coleman in Hosni Tayeb suggested that the firm could obtain reassurance by seeking the court’s guidance. However, Mr Justice Tomlinson in Amalgamated Metal Trading Limited v City of London Policy Financial Investigation Unit and Ors [2003] held that a declaration that the funds are not the proceeds of crime would only be made where the firm adduces positive evidence to that effect. Avoiding criminal (as well as civil) liability weighs heavily on the mind of any professional adviser. However, since POCA, legal professionals are unsure as to exactly when they are required to make a report, particularly when this would appear to conflict with the duties they owe their client. In Bowman v Fels the Court of Appeal clarified that Section 328 POCA, which makes it an offence to become ‘concerned in an arrangement’ involving money laundering, was not intended to apply to solicitors conducting litigation. In practice, this should include solicitors involved in settling litigation and/or ADR. Of course, solicitors will still need to be alert to money laundering through sham litigation. This clarification is useful for litigators, but to what extent does Section 328 of POCA apply to transactional lawyers? The Court of Appeal did not explain why the wording of Section 328 did not apply to litigation, making it difficult to know whether the case can be applied beyond the litigation context. Transactional solicitors therefore await guidance from the Law Society. However, it is worth remembering that there remains the separate duty to disclose under section 330 of POCA for those acting in the regulated sector. The Court of Appeal also clarified that Section 328 does not override legal professional privilege, as clearer language would have had to be used to achieve this. Again, transactional lawyers are left wondering whether this finding applies to them, since legal professional privilege applies as much to protect communications generated during non-contentious work as it does to those produced during litigation. Again, we must wait for Law Society guidance. Solicitors making reports to NCIS must consider whether relevant information is privileged and thereby protected from disclosure. For example, information obtained from a counter-party or a third party may not be privileged. Likewise, privilege may be overridden where the client is involved in the commission of a criminal offence. To summarise, solicitors continue to have to judge the most appropriate action when faced with potential liability for breach of contract/confidentiality for failing to carry out their clients’ instructions, or potential liability to third parties for knowing assistance in a breach of trust. At the same time, solicitors must comply with their obligations under POCA. Bowman v Fels has provided helpful guidance to litigators, but has done little to clarify the position for transactional lawyers. We must hope that the Law Society will soon give clear guidance to them about the scope of their obligations, and the applicability of legal professional privilege. Although not binding, such guidance would give some comfort to solicitors when making best efforts to comply with the current money laundering regime. Simon Robert-Tissot is a partner in Barlow Lyde & Gilbert’s professional liability and commercial litigation department.
Author: Simon Robert-Tissot
Source: Legal Week

Sunday, April 10, 2005

Recruiting for an In-House Lawyer - Hampshire

There is a vacancy for a Legal Manager advertised on www.simplylawjobs.com to be a sole in-house counsel, responsible for the provision of legal advice and support to the business. You will provide timely, pro-active and commercial legal advice and assistance across a wide variety of subject matters taking account of the legal and regulatory requirements of operating within a FSA authorized entity.

They will consider candidates who can demonstrate:·
Qualifications as Solicitor or FILEX of at least 5 years
· Thorough knowledge of: Commercial/Contract Law; Employment Law; IT Law and Financial Services Law
· Experience within General Insurance and/or the mortgage industry would be advantageous as would knowledge of financial promotions legislation.

Visit www.simplylawjobs.com now to apply,

Friday, April 08, 2005

Recruiting LAW STAFF in the SOUTH WEST

On www.simplylawjobs.com there are many opportunities to work in the south west of england - cornwall, devon, dorset, hampshire, wiltshire, avon.

We have many recruitment agencies advertising Law Jobs on behalf of their clients within those areas - from support staff through to Partners.

Visit the website now for more details.

Sunday, April 03, 2005

Press Release April 2005

Online LEGAL recruitment advertising SIMPLY gets better!!

As www.simplylawjobs.com comes close to celebrating its 1st year in business, Founder & MD, Michelle Jones, reflects on a successful, grounding year.

With some 4500 applications been sent since its inception via the website direct to recruiters, Simply Law Jobs is already proving a highly cost-effective recruitment source to its clients. “We have seen an 85% rise in the number of applications over the last 5 months, compared with the first 6 months from Launch”, says Michelle.

“In the last few months alone we have secured contracts with some of the large recruitment players including Hudson, Michael Page and Garfield Robbins. We are delighted to have them on board.”

We pride ourselves in offering complete flexibility regarding the advertising services available and the pricing structure. Our clients want to increase their reach to candidates, reduce recruitment costs and receive good quality applications. We proactively work with them to achieve this. One client said recently “your service is absolutely 2nd to none and cannot be faulted”.

Simply Law Jobs has a diverse on and off-line marketing campaign to attract a breadth of candidates from the legal profession – support staff through to partners. The percentage breakdown in relation to the experience and skills of our registered user base reflects this diversity.

With exciting plans to develop the site further from its current basic model www.simplylawjobs.com looks forward to its second birthday!!

Sunday, March 27, 2005

Young Solicitors Group

You can contact the YSG via their website www.ysg.org

Who are the YSG?
The Young Solicitors Group (ysg) is a recognised Law Society Group run as a company limited by guarantee, representing approximately 49,250 Members and Associate Members of The Law Society throughout England & Wales who are less than 10 years qualified.Currently, membership of ysg is free and automatic upon registration with The Law Society.

What they do
On a national level, the ysg co-ordinates policy issues and lobbies The Law Society, the Government and others on issues that affect the daily lives of young solicitors. They work on a daily basis with the policy makers within The Law Society, providing a young solicitor's perspective to their issues, with a view to shaping regulations and decisions before they have been made. They are helped in this task by having two dedicated seats on The Law Society's Council (the body of 105 people who run The Law Society) : one seat for newly qualified solicitors and one seat for young solicitors.The youngsolicitorsgroup also participates in the numerous consultation exercises that are run by The Law Society, the Legal Services Commission, the Government and others wherever a young solicitor interest is (or could possibly be) affected. At the same time, they organise their own consultations on topics of interest to their members, and conduct research to provide the profession with necessary statistical information on problems faced by young solicitors.

Finally, the ysg provides a number of key benefits for its members. In particular, every young solicitor who is registered with them receives a copy of ysg magazine free of charge every two months, has access to a range of free or cut price CPD-rated lectures of conferences and can choose to receive free ysg.info legal update e-mails every day, giving all the latest developments in their specified area(s) of legal practice.At a local level, around 30 local ysg groups provide a range of services and benefits to the legal communities in their areas.Most major legal centres in England & Wales have a local ysg group www.ysg.org/maproom.asp which organises social activities (balls, drinks evenings, etc.), sports events (football, softball, netball, etc.) and educational lectures. The local ysg groups also help to implement the policy set by youngsolicitorsgroup, and to feed back issues and problems faced by members in their areas. Most local ysg groups charge a small annual membership fee to cover the cost of their administration / subsidise the events arranged. To find your local ysg group, www.ysg.org/maproom.asp

Sunday, March 20, 2005

Lawyers to work Overseas


http://www.simplylawjobs.com/index.php?show=5&id=2

Follow the above link and search for some Lawyer opportunities overseas in Dubai, Qatar and Abu Dhabi - all tax free salaries. Roles in Shipping, Telecoms and Commercial.

Ryder Mace who are recruiting for these roles specialise in the Overseas Legal Recrtuitment Market.

Friday, March 04, 2005

Need a good CV

CV WRITING SERVICE FOR SIMPLY LAW JOBS USERS:

Your Curriculum Vitae is a crucial selling/marketing tool when applying for jobs and in today's recruitment market it is vital that you take time to prepare it … you do not get a 2nd bite of the cherry. Often with 100's of CVs to ‘plough' through, initially an employer will not spend much more than 30-60 seconds looking at each.

Our expertise within the Recruitment industry demonstrates an up-to-date knowledge of what employers look for in a CV, how to create an impact and make it easy to read – it should be professional, pertinent and punchy. You can contact us by email or telephone and we will call you to discuss any further details, just to ensure we have your requirements absolutely correct. We are confident that with our assistance your CV will have the desired impact and that you will maximise your chances of securing an interview.

Please note : Applications are treated with the strictest of confidence.

What some of our clients say ……….

“Only now having used your service am I truly able to appreciate the value of it. I felt I was getting a personal service and it was certainly not a ‘production run' effort. I start my new job next week!” (Mark, Horsham/Sussex)

“I was very pleased with the outcome and it has improved my chances of getting an interview. I have already recommended your service.” (Andrew, Alton/Hampshire)

“The CV looked very professional and it has given me extra confidence when applying for jobs.” (Lucy, Haslemere/Surrey)

“The service offered is excellent and the fee very reasonable. I was extremely impressed with the speed in which my request was dealt with” (Sharon, Harrow/Middlesex)

“It has improved my chances of getting an interview by providing a very comprehensive summary of my business skills and personal attributes. You listened to the ‘vision' of my future career plans and aspirations, and factored that into the overall style, content and emphasis of the finished document.” (Philippa, West Sussex)

“I was extremely impressed with the final CV and as I work in the recruitment industry I do recommend your services on a daily basis to candidates!” (Mark, London)

''Since leaving University in June 2002 I have only received a handful of replies from Companies with rejections, however 2 weeks after the final draft of the new CV I have an interview - my deepest appreciation goes to you for my much improved and remodelled CV'' (Darren, Crawley/West Sussex )

''It clearly emphasizes my skills and experience and makes potential employers want to read on'' (Karen, Headley Down/Hampshire)

''My new CV has improved in presentation, is not too lengthy and I am confident it will improve my chances of gaining an interview. The cost is fair and not beyond the reach of most people.'' (Velda, Haslemere/Surrey)

''I have spoken with 2 other people in Recruitment and both said that not only was there nothing they would change, but it was also one of the best CVs they have seen. So once again thank you very much for what you have done'' (Owen, Fleet/Hampshire)

''Your version of my CV helped me secure the job I was looking for. An excellent all-round service - keep it up!.'' (Richard, Winchester/Hampshire)
''A much appreciated, reliable and honest service. Almost immediately the number of interviews offered increased.'' (Sharon, Alton/Hampshire)

SO WHAT DOES IT COST?

£50+ VAT for Support Staff (Legal Secretaries/PA's, Paralegals, Legal Executives, Accounts and Marketing)
£75+VAT for Newly Qualified – 10+ years pqe

Email your current CV now: cvs@rpltd.co.uk or Call us to discuss on 0870 766 8209
THE RECRUITMENT PARTNERSHIP working in conjunction with Simply Law Jobs.

Friday, January 07, 2005

About Simply Law Jobs

www.simplylawjobs.com - the ideal place for employers and recruiters to advertise vacancies to an audience of Law professionals within the UK. As a client you can advertise your vacancies at highly competitive rates, giving you 24/7 coverage to some of the best people within the business.

As a candidate you can apply for any of the nationwide, exciting job opportunities that are advertised on the site - quickly and easily. You can register and save your searches so that we can alert you of the latest jobs that match your criteria, by sending you an email the minute the job is posted on the site.

Simply Law Jobs covers the following positions

Solicitor
Partner
Legal Executive
Paralegal
Practice Manager
Legal Accounts
Legal Secretary/PA
Barrister
Advocate
Licensed Conveyancer
Patent Agent
Permanent, Temporary, Locum and Part Time roles

There are opportunities in Private Practice, Local Government, In-House and in the Prison, Court & Probation Service. All areas of Law are covered, across the UK.

Tuesday, November 30, 2004

LEGAL BUSINESS AWARDS 2005

Simply Law Jobs were very proud to be sponsors of the "Boutique Law Firm of the Year" Merit Award at the LEGAL BUSINESS AWARDS 2005 on the 10th February. This award recognised smaller law firms (with less than 15 partners) that have excelled in focused areas of law. The judges looked at relative performance, comments from clients about the strength of the service received, and for profile beyond what might be expected of a firm of such size. This award is focused on quality. We are delighted to have sponsored this award as we are a small, independent company with a focus on quality and delivering a service that exceeds people’s expectations.

The 2005 Legal Business Awards were held on 10th February 2005 at The Grosvenor House Hotel, Park Lane, London. They were certainly the 'Oscars of the Legal Profession, the best in the business, rewarding absolute excellence in the practice of commercial law.

The Categories & Winners:

Pro Bono Initiative of the Year - Weil, Gotshal & Manges
In-House Team of the Year - The Royal Bank of Scotland
Regional Firm of the Year - Hill Dickinson
Boutique Firm of the Year - Curtis Davis Garrard
Most Enterprising Law Firm of the Year - Linklaters
European Office of the Year - Gleiss Lutz
Asia Pacific Office of the Year - Norton Rose
Best US Law Firm in London - O'Melveny & Myers
Lawyer of the Year - Edwin Glasgow QC, 39 Essex Street
Management Partner of the Year - Neville Eisenberg, Berwin Leighton Paisner
Law Firm of the Year - DLA Piper Rudnick Gray Cary

Teams of the Year:
Banking & Finance - White & Case
Competition - Freshfields Bruckhaus Deringer
Corporate/Restructuring - Clifford Chance
Dispute Resolution - Stephenson Harwood
Financial Services & Insurance - Allen & Overy
M&A/Private Equity - Slaughter and May
Planning & Environment - Eversheds
Private Client - Clintons
Project Finance - Sullivan & Cromwell
Real Estate - S J Berwin
TMT (Telecoms, Media, Technology) - Bird & Bird


What a night was had by all! Ian Hislop was the guest presenter.

Visit www.simplylawjobs.com

Thursday, November 18, 2004

Press Release October 2004

www.simplylawjobs.com gets off to a great start!

Simply Law Jobs, one of the UK’s leading online legal recruitment websites, is this week celebrating its first six months of business with latest figures showing it to be one of the fastest growing companies in its sector.

Since going live in April 2004, the website has made significant headway within the online legal recruitment sector and has received praise from all corners of industry. Advertising legal vacancies on behalf of Legal Recruitment Companies, Solicitors Firms and Corporate Companies, simplylawjobs.com has already seen itself registered as the No. 1 site of its kind based on traffic levels.

Popular website www.alljobsuk.com rated the site as ‘Excellent’, describing it as:

‘One of the best new entrants to the online recruitment sector this year. This site has really hit the ground running and has quickly established itself in a competitive niche sector.’

The independently run website offers the most competitive prices in the market (within its field), and from October 04 the site showed an average of 572,000 hits per month. In addition, there have been over 1600 applications sent via the site since its launch and it sends out around 1200 jobs-by-email each week.

The company have also recently announced that they are working exclusively in partnership with a number of high-profile companies within the Legal and Recruitment fields, which is sure to enhance their profile even further in the coming months.

Simply Law Jobs is the No.1 site of its kind based on web traffic levels – www.alexa.com

Michelle Jones, Sales & Managing Director of Simply Law Jobs, says: “We are delighted with the response to date and the positive feedback we have been receiving. We are very excited about building on this success to have the best jobs and the best recruiters advertising on the site, coupled with attracting the highest quality candidates. As an independent business we are incredibly passionate about the service we provide and are constantly promoting the site to its target audience through a wide range of activities. We recommend that recruiters have a look at the site and see the benefits for themselves’.

For further information, please contact Michelle Jones on 0870 766 7650

Sunday, November 14, 2004

Useful Legal Links & Websites

Ability Plus - Commercial Mediation
Agency Central - Search for Legal recruitment agencies
AH Paralegal - Paralegal Training Company
Amnesty - Amnesty International
Bar Council - General Council of the Bar
Blue Line Careers - The Police & Criminal Justice Job Site
Bournemouth University - Careers Service
Clickdocks - UK Legal Documents, Contracts, Tenancy Agreements etc
Criminal Justice Systems - Criminal Justice Systems
Commission for Racial - Equality Commission for Racial
Court Service - Court Service
Connecting Legal - Online Legal directory information
Crown Prosecution Service - Crown Prosecution Service
Dti - Dti Employment Relations
Environmental Law - Environmental Law Foundation
Foil - Forum of Insurance Lawyers
Forensic Practitioners - Forensic Practitioners
Fortius - Legal Conferences
Google - Search Engine Her Majesty’s Stationery Office - Her Majesty’s Stationery Office Institute of Legal Executives - Institute of Legal Executives
Insurance Job Site - Insurance Jobboard including Compliance Jobs
Infolaw - Infolaw
Internet Intellectual Property - Internet Intellectual Property
Justices’ Clerks’ Society - Justices’ Clerks’ Society
Just Ask - Need information on a Legal Issue
Lawyer Locator - Lawyer Locator
Lawtel - News for Lawyers
Lawyers UK: Lawyers UK and other related lawyer links Legal Directory - UK Solicitors, Barristers and legal resources
Legal Services Commission - Legal Services Commission
Legal Technology - Legal Software
Magistrates Association - Magistrates Association
National Online Recruitment Audience Survey - National Online Recruitment Audience Survey Newbusiness.co.uk - Latest News
Nottingham Law School One Search Direct - Legal & National Searches
Parliament (UK) - Parliament (UK)
Peapod-Legal - Experts in Legal IT
Pro Bono Group - Solicitors Pro Bono Group
Procius - Personnel Vetting
Solicitors Family Law Association - Solicitors Family Law Association
Solicitors Online - Find a Solicitor
The Home Office - The Home Office
The Law Education Network - The Law Education Network
The Law Society - The Law Society
The Law Society of Ireland - The Law Society of Ireland
The Law Society of Scotland - The Law Society of Scotland
The Law Commission - The Law Commission
The Law Careers Advice Network- The Law Careers Advice Network
The Law Gazette - The Law Gazette
The NAPL - The National Association Of Paralegals
The Property Search Group UK Law School - UK Law Schools
Underoak - Legal Training
Venables - Excellent Legal Information Source
Useful Legal Links & Websites