Ancillary Relief Problems for Lawyers

Ancillary relief is the general term used for supplementary requests asked by a lawyer to the court in the nature of monetary requests. However in English law the same applies specifically to financial relief asked by a litigant in cases of divorce, support, alimony, judicial separation, declaration for nullity, etc. Simply put it is the litigant asking the court to command the opposing party to provide financial aid pending judgment.

Preserve the Status Quo
This allows the party who imputes wrongdoing to the other party to have financial capacity to meet obligations. This is to prevent circumvention of the law by one spouse who has the means as against the other spouse who has no financial capacity. The reason being, win or lose one spouse is duty bound to support the other.

Disadvantage 1: Delay
Theoretically speaking ancillary reliefs should not take up too much time. The problem is some experienced litigators can actually delay the entire case by challenging legal costings by or challenging the choice of law costs draftsman (London).

Disadvantage 2: Costs
Costs Draftsman (London) are not cheap. Some can command fees over and above that of the advocate. That is why in some cases, especially if the court or law does not require the same legal costings are sparingly used or done away with in its entirety. Case in point is the preference of some parties to undergo mediation to shorten the entire litigation and costing.

Disadvantage 3: Exclusive Remedies
Some reliefs are exclusive of each other permanently or temporarily. For example, spouses who signed a separation agreement are barred from filing for judicial separation four years prior to living apart. Some parties fail to disclose this fact which means that the case once filed can be dismissed for being premature.

Disadvantage 4: Court not Bound by Terms
As a general rule the court must respect out of court ancillary contracts. The problem is, sometimes one party can get away with challenging the same by prevailing upon the court to see beyond the agreement and into the fairness of the agreement. This is after very expensive legal costings and the hiring of costs draftsman (London).

Importance of Cash Flow for the Solicitor and How a Cost Lawyer Can Help

The economic situation in most countries is tight.  All fields of endeavour are adversely affected by this condition.  Law offices are not exempt from this negative situation.  The number of clients was either lessened or they do not pay on time.  Whatever the case, the cash flow is reduced.  This is the area where a cost lawyer can help a solicitor.

A cost lawyer has extensive knowledge of most things involve in law cost.  He has expert knowledge on items to be included in a billing.  He is also familiar with insurance stipulations with respect to cost of litigations.  He is well aware of prevailing market prices with respect to a specific task done on a case.  If I was a solicitor and I am in a difficult situation involving law cost, I will run to him for help.  And what can he do for me to assist in my cash flow as a law practitioner?

A cost lawyer can easily prepare a weekly assessment to be sent to the client.  An assessment can either be in accordance with an agreement or a fixed schedule. Either way, since it is a weekly assessment, it is short hence it is easily understood by the client. Disagreements about the things in the statement are easily threshed out because there are fewer points to consider. And since there is little or no conflict about the bill, collection of the fees for the solicitor is faster.  This will certainly improve the cash flow of the law firm.

A cost lawyer can also provide advice to the solicitor with respect to the law cost of a contract with a client.  This is important so that the terms of the agreement are defensible in court and the solicitor can collect his fees.

The cost lawyer can also assist in setting up procedures for monitoring cases.  He can also help familiarize the office staff in these methods.  Efficient office procedures minimize waste and reduces cash outflow.

These are some of the assistance that a cost lawyer can give the solicitor to increase his cash flow and reduce law cost.

Latest Cost Cuts in Child Care Cases

Case in point is the situation of two consenting neighbors who are the best of friends. They took turns babysitting for the child of the other. The arrangement worked because both parents worked different shifts. The problem was a well meaning neighbor reported the same to officials. And it was found out that both of them did not have the proper license as child minders. Both parents were let off with a stern warning to “terminate the illegal relationship”.

The question is, what happens if it goes to court? Or what if you want to pursue a similar matter in court? The answer is simple, you need to get an advocate, preferably a costs lawyer or cost draftsmen

Define a Costs Lawyer or Costs Draftsmen
Both terms can be used interchangeably and refers to a licensed advocate who specializes in determining with a reasonable amount of certainty the total cost of litigation in case of a win or a loss.

Important Points to Consider
You need to understand that negative feedback as well as media frenzy has resulted in cut backs in child care cases. This includes but is not limited to:
• Summer child care costs
• Holiday child care costs
• Nursery care costs
• Annual child care costs

The problem is the decrease is more often than not signified by the incapacity of the parents to meet the cost of child care as mandated by law and executed by local authorities. As such the result is an increase in lawsuits filed against erring parents. This means costs lawyer or cost draftsmen are in demand. And since you need to be recognized by the ACL to be considered one and appear as such these lawyers can command higher pay.

How to Prepare High Cost Plans in Legal Aid Care Cases

I believe that there is a move by the government to reduce litigation costs. Why is there a need then to prepare high cost plans in legal aid care cases? This is because these cases go on for a long period of time and they require high costs. Moreover, funding for these will come from the government. There is a need for these cost plans in order to guide the government in the allocation of funds. Law costs draftsmen are necessary in their preparation. In addition, cases funded by the government are clothed with public interest. Their success must not be prevented by lack of financial support.

What should be included in the cost plan?
The purpose of the suit must be indicated as well as the facts of the case. The plan must state an assessment of whether the outcome will be successful or not. The issues of facts and law must be ascertained and stated in the cost plan. The solicitor to handle the case must be chosen in accordance with his field of expertise. Professionals to be used as expert witnesses, if required, must be picked. Costs must be estimated considering all of the above factors. The skills of law costs draftsmen are required at this stage of the plan.

The plan is necessary for the early stages of the case. You must not try to foresee the result of a case which is way far into the future. Make an assessment of the case after the early stage and proceed from there. A detailed cost is again required and coordination with the proper government agency is a must.

Your law firm must assign a person to specialize in the preparation of high cost plans in legal aid care cases. This is a highly specialized area of practice which needs additional training. The assigned practitioner will have to coordinate with the appropriate government agency. He or she must have a working knowledge of the rules involve.

Preparation of high cost plans is an area where there is coordination between solicitor and law costs draftsmen. This is usually required in cases involving family or child care law. As long as these laws are not repealed, the services of law costs draftsmen will be in demand.

Damage Base Agreements Similar to Canada

The Jackson Report is still causing a lot of noise after its suggestions were included in a law. One of the features is the encouragement of the Damage Base Agreements or DBAs. Under the previous law, DBAs are entered into by the solicitor and the client before the case is brought before the courts. If no settlement is arrived at by the parties at that stage, a Conditional Fee Agreement (CFA) is executed by and between the lawyer and the claimant. Under the new law, DBAs are allowed in all stages of a civil suit.

Damage Base Agreements or DBAs contained and encouraged by the Jackson Report will reduce the work load of law costs draftsmen. The lawyer’s fee based on these agreements will depend on the damages that will be awarded to the claimant by the court. If the client loses, the solicitor cannot collect any fee. This contract will encourage solicitors to get the maximum amount of damages for their clients.

This goes to say that the client will not get the entire amount awarded to him because the solicitor’s fee will be deducted from it. However, he is assured that his legal representative will do his best because his cash inflow will depend on the success of his claim. Moreover, under this contract, the client is not obliged to pay the opposing party.

As mentioned earlier, DBA’s will reduce the amount of work of law costs draftsmen. Since the fees are based on a fixed rate, there are minimal items to consider as well as reduced points of contentions. Although assessment cost has been lessened it is not a good thing for the law costs draftsmen. But of course, if he is a skilled professional, he can always find work. Things evolve and adjust to changes. I am certain that the effects of the Jackson Report will be known once it is implemented. And changes that need to be made will be adapted.

Damage Base Agreements are allowed in some parts of Canada and they work on the same principles. Their effects, therefore, are similar to those in the United Kingdom.