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Document Sample
Winter 2009 Issue 17
Scotland Edition
SS48881
The Member Magazine for Qualified Paralegal Practitioners
Graduations
PLUS –
The Big Interview:
Instruct Us Now
Margo MacDonald:
“An idea whose time has come”
Specialist Paralegal Training Programmes
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AINING
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In this issue...
Regulars
4 Editorial
Winter of discontent?
4-7 News
The latest legal news from around the United Kingdom
9 Illegally Blonde
Diary of The Specialist Paralegal’s girl about town!
10-11 The Lowdown
Latest news, Society information and contact details at your fingertips
14 The Big Interview GRADUATIONS 12
With Kimberly Fyffe and Instruct Us Now
15 Career Clinic
Lisa McGill from Search Legal answers your burning career questions.
16-17 Coffee Break
Kaite Welsh’s Year of Living Gracefully
18-21 Professional Update
The Gay Divorcé
The Cumulative Nil Rate Band – the Future?
Debt Recovery in Turbulent Times
22 Forthcoming Courses
Course calendar
Features
8 An idea whose time has come
Margo MacDonald MSP on her End of Life Choices (Scotland) Bill
12-13 Autumn Graduations COVER
Newly qualified paralegals speak
“ The Rolls Royce of Qualifications -
COFFEE BREAK 16
the best not only in the UK but in Europe”
Published by the Society of Specialist Paralegals
CONTACT US: 5th Floor, 80 St Vincent Street, Glasgow, G2 5UB
Telephone: 0141 225 6700
EDITOR: Lisa-Marie Ferla
lferla@centlaw.com
0141 225 6706
Designed and printed by
THANK YOU TO ALL OF OUR CONTRIBUTORS In Position Media Ltd,
426 Drumoyne Road, Glasgow, G51 4DA
For details of advertising rates, please contact Lisa-Marie Ferla on 0141 225 6700 Telephone: 0141 810 9000
The Specialist Paralegal Winter 2009 3
editorial
The winter of discontent?
With a new year comes new hurdle passed, and safe in the University of Strathclyde, at the
challenges. In my own case, the knowledge that I have – kind of – tail-end of 2008. Our Professional
biggest challenge comes in the form stuck to my resolutions (including Update section features a topical
of an expanded role at work. In my scheduled three visits to the gym look at the work of the debt
December 2008, I became Paralegal this week) things can only get recovery paralegal, as well as a
Training Manager for the University better. Private Client update and an
of Strathclyde and the University of Of course, the ongoing economic examination of the substantive law
the West of England programmes. downturn continues to shape the behind the sensationalist headlines
It’s a busy role, but one I am news and I know that, for some, as the first celebrity “gay divorce”
looking forward to getting my teeth optimism is in short supply at the goes to court. We also have an
into fully. What it will hopefully moment. Getting the housing exclusive interview with Margo
mean for you, as readers of this market moving again remains a top MacDonald MSP on assisted suicide
magazine, is more relevant, priority for our legislators as we – another topical area, and one in
interesting content as my daily move into 2009; and as a highly which the politician hopes to clarify
contact with paralegals from all skilled, cost effective, emerging the law. Ms MacDonald is an
walks of life and at all stages of their profession, Specialist Paralegals inspirational figure, and I’d like to
studies shapes the editorial content. would seem ideally placed to lead thank her for taking the time to
I am, as always, readily contactable the legal profession out of recession speak to me at length.
via email and by telephone, so when the market ultimately reasserts Resolutions aren’t just for January:
please don’t hesitate to get in touch itself. for Kaite Welsh, 2009 will be “The
if you have any news or suggestions On that note, I’d like to welcome Year of Living Gracefully”.
Lisa-Marie Ferla LLB (Hons) MSc for inclusion. Lisa McGill of Search Legal Improving your life and the lives of
As I write this, the month of onboard as our new careers advisor. those around you needn’t cost the
Paralegal Training Manager January is reaching its dark, cold Turn to Career Clinic on P15 for her earth – find out how on P16.
Editor, The Specialist Paralegal conclusion. The first month of the first column, and feel free to send I hope you enjoy this issue, and I
year is traditionally a depressing your burning career questions look forward to speaking to you
one: poor weather and a hard slog through for inclusion in our next over the next few months.
until that first post-Christmas issue.
payday make dragging oneself out Elsewhere in this issue, we speak
of bed in the morning that little bit to newly-qualified paralegals who
more difficult. But with that first graduated at the Barony Hall, the
news
crime and justice
The latest legal
news from around
the United Kindom
legal profession
Age of criminal Paralegal launches
responsibility to rise HR consultancy
Scottish Ministers are considering avoided… I have no wish as a chief
raising the age of criminal prosecutor in this country to
responsibility from eight to at least criminalise children unnecessarily.”
12. A government consultation on the
They were responding to a call issue will not end until March, but
from the UN Committee on the ministers appear to be “minded” to
Rights of the Child to raise the age at move towards an age of 12. They
which children can be prosecuted in point out that there were only six
the courts to 14. prosecutions of under 12s in the past
Ministers discussed the issue at five years, and that the Children’s
their regular cabinet meeting, but it Hearing system in Scotland was
has been confirmed that they ruled working well in dealing with young
out going as high as the UN offenders.
recommendation. Meanwhile, new figures show a 22
Scotland has one of the lowest ages percent rise in Probation Orders
of criminal responsibility in Europe. incorporating unpaid work, as an An Employment Law paralegal has handbooks.
In England it is 10, while some alternative to prison. established her own HR Sam said: “Obviously having
Scandinavian countries go as high as At a workshop in Dunfermline consultancy, aimed at helping small another qualification on top of my
15. where offenders carry out such work, businesses with their HR CIPD displays my commitment to
Holyrood ministers accept that the Justice Minister Kenny MacAskill requirements. continuing professional
change is necessary to bring said: “I’m pleased the courts are Sam Mott MSSP, who qualified as development and further
Scotland into line with other imposing more community a Specialist Paralegal in January last demonstrates my competence to
countries in its treatment of children, sentences, particularly requiring year, has launched Essex-based clients.
with the intention of offering young those placed on probation to do Flexible HR Ltd with her friend and “It is testing times for employers
offenders help rather than unpaid work to benefit communities. business partner, Suzanne Bolwell- and to launch a new business, but
punishment. “This Government is determined to Davies. with our determination we are
Lord Advocate Elish Angiolini has ensure that Scotland has a coherent The company offers external HR confident of succeeding.”
already said she believed eight was penal policy for the long term – one advice to clients without their own
too young for criminal prosecution, that protects the public, reduces HR department, on issues such as I Flexible HR can be contacted by
telling the Justice Committee: “My reoffending and thereby offending, disciplinaries, grievances, email on flexiblehr@tiscali.co.uk, or
policies are quite clear – I do not and so builds safer, stronger recruitment, redundancies, visit their website:
prosecute children where it can be communities for all our people.” contracts of employment and www.flexiblehrltd.co.uk.
4 The Specialist Paralegal Winter 2009
legal profession legal profession
New legal department Alternative Business
for Denholm Associates Structures proposals
Marketing recruitment agency the legal and support services Proposals for alternative business legal practice pass a “fit to own” test
Denholm Associates has expanded market sectors.” structures (ABS) for the legal and comply with an appropriate code
into the legal sector, with the Denholm Associates has long- profession in Scotland have been of conduct; and
acquisition of Beaumont Legal. standing experience in marketing, published for consultation by the • The governance of the Law Society
Michelle Beaumont, founder of sales, financial services and business Scottish Government. will be reviewed and the regulatory
Beaumont Legal, joins Denholm as support recruitment. Some of the main proposals for arrangements for the Faculty of
a Managing Consultant and brings John Denholm, Managing inclusion in the forthcoming Legal Advocates clarified.
with her an extensive background in Director of Denholm, added: “The Profession Bill include: Justice Secretary Kenny MacAskill
paralegal and fee earner merge with Beaumont Legal will • Reform of the regulatory framework said: “This is a once-in-a-generation
recruitment. add a new dimension to the for legal services, and the removal of opportunity to create a more flexible
Ms Beaumont, who established Denholm offering in a field we’ve restrictions on the types of business and modern regulatory framework for
her own agency almost four years never acted in before, but with models under which a solicitor can Scotland’s legal services.
ago, commented on the decision to Michelle’s expertise and reputation offer such services – while allowing the “I believe the proposals published
join forces: “I knew immediately we will really be enhancing our traditional business model to remain an today for consultation will help the
that as companies we would fit level and scope of service offering. option for those who choose to carry profession to remain successful and
together well. We have the same At Denholm, we are continuously on practising within that structure; innovative in the face of increased
consultative approach, where client listening to the needs and • Regulation of ABS to apply to any competition and in the difficult
and candidate are equally requirements of our clients and other form of business where a legal economic climate that we are all
important, and I know that I am strive to deliver the best candidates professional is involved in the currently going through.”
joining a team that has an for any roles they have within our provision of legal services to third
entrepreneurial approach. expanding areas of specialism.” parties; I Wider choice and better protection –
“The trust and credibility that has • ABS to be regulated by an approved a consultation paper on the regulation
to be built up in your own business I Find out more about regulator, who will be authorised to do of legal services in Scotland is open
is not something I would transfer Denholm Associates at so by Scottish Ministers with the for responses until 3rd April 2009.
lightly; this is a great opportunity www.denholmassociates.com, or agreement of the Lord President; Find out more at
for the new, stronger, combined contact Michelle Beaumont at • Outside ownership will be permitted www.scotland.gov.uk/
agency to really make a mark within michelle@denholmassociates.com. where those holding an interest in a Consultations/Current.
environment property
Eco-award for New home report
Scottish Courts system introduced
The Scottish Court Service has “I would like to thank all who Home reports are now mandatory death of the Scottish property
become one of the first have been involved over the last for most house sales in Scotland. market.”
organizations in Scotland to be two to three years in bringing The reports – which include a The SLAS had called for the
publicly recognised for tackling about the reduction in carbon detailed survey containing the introduction to be delayed for two
climate change and reducing carbon emissions which has led to this condition, valuation and energy years, arguing the policy should
emissions at an award ceremony recognition.” efficiency of the house – are not be implemented during the
held in Edinburgh. Meanwhile, Climate Change intended to prevent buyers having economic downturn because it
Alan Stevenson, sustainable Minister Stewart Stevenson said to commission several surveys could lead to more repossessions.
development manager for SCS, Scotland will be at the “forefront” before bidding on a property. The Law Society of Scotland is to
collected the Carbon Trust of global action on climate change, However, critics said the move push for an early review of Home
Standard award from Richard as he set out the key components of would be disastrous for an already Reports. At a Special General
Wakeford, the Scottish the Scottish Climate Change Bill. turbulent housing market. Meeting in September 2008, more
Government’s director general for The Government said that by The reports will cost between than 2,000 solicitors called for the
the environment. including international aviation £300 and £800 each, and will have scheme to be postponed in light of
SCS is one of only eight Scottish and shipping, emissions from all six to be made available to anyone the property market downturn – in
organizations to be certified to the greenhouse gases, and annual interested in purchasing a property. addition to long-held concerns
standard – the world’s first carbon targets, Scotland will have the most England and Wales introduced about the viability of the single
certification initiative that shows ambitious Bill to tackle climate their own version – Home survey.
organizations have measured, change anywhere in the world. Information Packs (HIPs) – last Meanwhile, the Scottish
managed and genuinely reduced The proposals would see an 80% December. Government has responded to
their carbon footprint year-on-year reduction in the country’s The Scottish Government said pressure to support homeowners
rather than merely off-setting greenhouse gas emissions by 2050. that both buyers and sellers would facing eviction for mortgage
emissions. Campaigning group Stop Climate benefit from the new system and default, by funding more legal
The Scottish Court Service has Chaos Scotland hailed the bill as claimed it would encourage more advice and representation for
incorporated a range of energy and potentially “the most significant for first-time buyers into the property people taken to court.
carbon emission reduction a generation”, but said there was market. £3 million will be provided over
strategies, including room for improvement. However, the Conservatives and the next two years to enhance
recommissioning presence-sensing Mr Stevenson said: “Achieving the Scottish Law Agents Society services such as the in-court advice
controlled lighting to reduce these targets will be challenging, (SLAS) raised concerns that service in the sheriff courts, as well
unnecessary energy expenditure, but I am confident that lenders would not accept the as services provided by local
and holding regular staff awareness government, business and the valuations given in the reports in solicitors, advice agencies or
events such as “Switch It Off” people of Scotland are ready to rise the current falling market. solicitors employed by the Scottish
weekends. to the challenge of climate SLAS spokesman Ian Ferguson, Legal Aid Board.
Alan Stevenson said: “Achieving change.” who reported on the proposals at The Government had been
this Carbon Trust Award is in part The Scottish Government will length in the last issue of this criticised for not supporting
down to the hard work of a team of now be developing a range of magazine, told the BBC that he householders to the same extent as
people within the Property Service short, medium and long-term expected the reports to become as in England and Wales, where free
Unit at Hayweight House and the policy options to drive the changes unpopular as the Poll Tax. legal advice is available and a pre-
support, co-operation and needed to meet the targets. These He added: “Today is Black action protocol lays down
assistance of all staff across the options will be published later this Monday. It’s the birth of home procedures to be followed before
Scottish Court Service organisation. year. reports but, quite possibly, the lenders resort to court action.
The Specialist Paralegal Winter 2009 5
technology & ip
news
licensing New email laws
Licensing proposals “an attack on rights”
come under fire New laws which will force internet
service providers to keep details of
every email sent in the UK have
The new rules are due to come into
force on 15th March as part of a
European Commission directive,
Scottish Government proposals for difficult to implement and enforce, been slammed by human rights and could cost the government
restrictions on the sale of alcohol it says, “as there would appear to be groups and internet service between £25m and £70m in ISP set-
have come under challenge in a no consensus within the licensed providers. up costs. The directive already
submission from the Law Society of trade as to where problems arise”. From March, ISPs will by law have applies to telephone companies,
Scotland. The committee does support to keep information about every which routinely hold much of the
In a response submitted to the action to reduce the size of email sent or received in the UK for data for billing.
Government, the Society’s standard measures, imrove labeling a year. The firms will have to store the
Licensing Subcommittee has and control advertising – especially The Home Office insists that the information and make it available to
challenged both the enforceability when directed at young people. data, which does not include the any public body which makes a
and – in certain respects – the In a separate campaign, retailers content of emails, is vital for crime lawful request, which could include
legality of the measures announced. are preparing to take the Scottish and terror investigations. police, local councils and health
The committee questions Government to court over the Some three billion emails are authorities.
whether minimum retail pricing per proposed minimum pricing policy thought to be sent each day in the The Home Office said the data
unit of alcohol – one of the most on alcohol sales. UK alone. was a vital tool for investigation and
controversial aspects of the A retailing insider told the Shami Chakrabarti, director of intelligence gathering.
Government’s plans – is in fact a Scotland on Sunday in November: human rights watchdog Liberty, said A spokesperson added: “It will
licensing matter, or one relating to “The advice we have given is that ISPs already kept the information on allow investigators to identify
the “regulation of the sale and these proposals are, at best, a grey a voluntary basis. suspects, examine their contacts,
supply of good and services to legal area and I would be However, she cautioned: “The establish relationships between
consumers” – a reserved matter anticipating a legal challenge as thing we have to worry about is conspirators and place them in a
under the Scotland Act. soon as the SNP announce their what happens next because the specific location at a certain time.”
The committee also questions the final proposals early next year.” government is already mooting Reports have suggested the
basis for the minimum figure of 35p At the SNP’s annual conference in plans not just to leave this stuff with government has even bigger plans
per unit of alcohol put forward by Perth, Kenny MacAskill made no the providers but to create a central for data retention in the works. The
the Government, and highlights apologies for wanting to tackle government database where they Interception Modernisation
the problems likely to arise in Scotland’s alcohol problem. hold all the information. Programme could involve one
checking whether it is being He said: “We make no apology as “I’m afraid we just don’t trust any central database, gathering details
properly applied – especially to a government for seeking to tackle government or any organisation to on every text sent, email sent,
mixed drinks. this most major of social issues in keep that much very sensitive phonecall made and website visited.
The proposed “social our lives. If it causes some information about us all and to keep Consultation on the plans is due to
responsibility fee” would also be controversy – so be it.” it safe.” begin later this year.
news in brief
SOCIETY ELECTIONS force on 1st January 2005 and provides a in Scotland. Principal solicitor Mike FISCAL POWER
The President and Vice President of statutory right of access to information Dailly said that work was already Moves to hand full financial powers to
the Law Society of Scotland for 2009/10 held by Scottish public authorities. underway to tackle the area’s housing the Scottish Parliament have been ruled
have been elected by members of the problems. out by the body considering reforms to
body’s ruling Council. Ian Smart, current devolution. The Calman Commission
Vice President, was elected President SMOKED OUT said giving Scotland full fiscal autonomy
from May 2009 and Jamie Millar, current The Scottish Government is to crack MANDATORY FAIs would be inconsistent with the United
Treasurer and a partner with Brodies in down on the use of cigarette vending Fatal accident inquiries could become Kingdom. A number of areas have been
Glasgow, will take the position of Vice machines by under 18s, it has been mandatory in more cases and their flagged up for further consideration by
President from that date. Mr Smart said: confirmed. Legislation to be introduced recommendations legally binding, the Commission, including whether
“It is exciting to be able to carry on the later this year will include further following a review by one of Scotland’s issues including broadcasting, firearms,
valuable work started by Richard controls on the sale of tobacco from the most senior legal figures. Former Lord energy policy and the misuse of drugs
Henderson, particularly during the machines to restrict access by minors. President Lord Cullen of Whitekirk KT should be overseen by Westminster or
Society’s 60th anniversary year.” Tobacco manufacturers have said there has announced the start of a Holyrood. Full findings will be published
is no need for an outright ban on the consultation as part of his Review of
machines. The legal age for buying later this year.
Fatal Accident Inquiry Legislation. Lord
INFORMATION cigarettes in Scotland was raised from Cullen will make his recommendations
16 to 18 a year ago. later in 2009.
EXTENSION
The Scottish Government has issued a REGISTERED
discussion paper proposing extending GOVANHILL CENTRE DISABLED PARKING
the Freedom of Information (Scotland) A new law centre offering free legal PARALEGALS Planned laws which would see people
Act to more organisations. It proposes advice to one of the poorest areas of Discussions are still underway to fined for wrongly parking in disabled
covering contractors who provide Glasgow has opened. The Govanhill Law create a “Registered Paralegal” status in bays has moved closer to reality. The
services that are a public authority Centre aims to work with the local Scotland. The Law Society said the plans, brought forward in a bill by
function, registered social landlords and community to root out slum landlords, plans, mooted last year, had been Labour MSP Jackie Baillie, were given
local authority trusts or bodies. Minister gangmasters and organised criminals. affected by the economic uncertainty of the go-ahead in principle from
for Parliamentary Business Bruce Govanhill has some of the most severe the past few months but that it remained Holyrood’s Local Government Committee
Crawford has also announced that the housing problems in the UK, with an fully committed to the project and will – although MSPs on the committee
Government would be pro-actively estimated 750 slum flats, and has an review the situation in April jointly with questioned the cost and timescale.
publishing Ministerial car travel and ethnically diverse population with the the Scottish Paralegal Association. A Currently, 85% of disabled parking bays
diary information. The Act came into biggest concentration of Roma families new launch date will also be considered. are not legally enforceable.
6 The Specialist Paralegal Winter 2009
crime and justice
legal profession
New focus on Soul sistah Caroline
domestic abuse cases An Edinburgh-based paralegal
enjoys a secret life behind the mic
A specialist domestic abuse court acceptable and neither should as frontwoman for a soul covers
established in Glasgow should domestic abuse. Tackling this band.
expand citywide in 2009. unacceptable behaviour – and that Caroline Roberts may use her
Offenders from the south side, is what it is – will always be a debt recovery qualification for
city centre and west of Glasgow priority for the Force.” Edinburgh City Council by day,
have been referred to the court Strathclyde Police responded to but by night she’s a soul diva for
since its launch in 2004, 24,197 domestic incidents between five-piece Soulussion.
established within the Glasgow April 2007 and March 2008 – Formed in 2007, Soulussion
Sheriff Court to ensure a consistent equating to one every 22 minutes. describe themselves as “a mixture
approach. Scotland’s Chief Statistician of disco, soul and funk with a wee
All cases referred to the court are recorded almost 50,000 incidents splat of ‘you’d never expect them
assigned a date within six weeks of of domestic abuse for the year to play that’ flung in for good soulful voice – particularly during
being called to trial, and the vast 2007-08. Half of the incidents measure. The Specialist a slowed-down and heartbreaking
majority of the accused plead recorded led to the recording of a Paralegal’s top team of version of Bob Dylan’s “Knockin’
guilty before or during the trial. crime or offence, most commonly entertainment experts – also On Heaven’s Door”.
Scotland’s largest police force, minor assault or breach of the known as its editor in music All in all, a top night out from
Strathclyde Police, has also set up a peace. blogging mode – were suitably the self-proclaimed “soulussion to
specialist unit aimed at tackling The Scottish Government has rocked at the band’s Halloween all your problems!”
domestic abuse in the latest phase announced funding of nearly show in Edinburgh. Soulussion are available to play
of its “Campaign Against £44million to address violence Although happy to play plenty functions, nightclubs, weddings
Violence”. against women and domestic abuse of the “pub standards” – albeit and corporate events, playing
Chief Constable Stephen House – more than double the investment exceptionally well, and with a side songs by Aretha Franklin, Otis
has appointed a domestic abuse co- made between 2005-08. order of extra Stevie Wonder for Redding, Wilson Pickett, Stevie
ordinator to oversee and support A spokesman said: “Domestic good measure – Soulussion set Wonder, Eddie Floyd, Sam
the force’s response to such abuse must not be tolerated in any themselves apart from the typical Cooke and more. They can also
incidents, who will head up a form. We know the effects of pub covers band with a set that is provide The Soul Time Disco to
specialist task force of sixteen domestic abuse can be devastating, anything but predictable. The make your night complete. Call
centrally located officers. including on children and young band overall are tight and Cazz for further details on 07796
He said: “Quite simply, domestic people, and we are determined to professional, and an excellent 393907, or listen to some tracks
abuse is violent crime in a domestic tackle it – wherever and whenever showcase for Caroline’s rich, at www.myspace.com/soulussion.
context. Violent crime is not it occurs.”
l ow e r in g th e b a r
The lighter side of the legal profession…
Facebook suit and medical laboratory technicians and above forcing noise ordinance violators to sit in a room and
Social networking site Facebook has been used to computer programmers. listen to music they don’t like has cut down on
serve legal documents for what is believed to be the Federal judges were ranked at 69th on the list, repeat offenders – many of whom are teenagers
first time. An Australian lawyer used the social with lawyers way down the rankings at number 82. whose parents ended up having to pay the fines they
networking site to serve documents on a couple who Lawyers and stockbrokers (84) both did so poorly incurred from playing their music too loud.
had defaulted on their $150,000 mortgage, and now – and the reason, the lists editors say, is stress.
a Supreme Court Judge in the Australia Capital “Attorneys and stockbrokers may earn considerably “Ebay barrister” jailed
Territory (ACT) has ruled that the notice was more than bookbinders or telephone repair A man who posed as a barrister at a series of court
binding. technicians, but these high-powered careers are hearings after buying his robes and wig on eBay has
Mark MacCormack, of Canberra law firm Meyer hurt by anxiety, as both rank among the 20 most been jailed for two years. Ian Clegg, described as
Vandenberg, had been unable to find Carmel Corbo stressful jobs on our list.” “very aggressive” on behalf of his clients, pretended
and Gordon Poyser through traditional methods – The top ten, ranked by combining income (and to have set up his own law chambers and boasted to
but managed to track them down on Facebook using growth potential), stress, environment, employment clients of “having enough qualifications to run rings
the details they had provided on their mortgage outlook and physical demands, were as follows: around” their opponents. In reality, he was a
application. convicted fraudster whose training consisted of one
However, it took some explaining before Supreme Mathematician year of a law degree at Teesside University. Staff at
Court judge Master David Harper allowed papers to Actuary the magistrates’ court in Guisborough, North
be served through the site’s private messaging Statistician Yorkshire, became suspicious because Clegg did not
system – as he didn’t have a Facebook account and Biologist seem to know court procedure.
needed the site explained to him. Software engineer
In more Facebook news, a juror who posted details Computer systems analyst Bumper fines for national plates
of a trial on the social networking site was lucky to Historian Motorists who display national flags on their
escape prosecution. The woman was thrown off the Sociologist number plates are breaking the law and could face a
jury after conducting a poll among her friends to see Industrial designer £60 fine, it has emerged. Thousands of motorists
“which way she should go”. In the interests of a fair Accountant who choose to display the Saltire, cross of St
trial, British jurors are forbidden from discussing George, Welsh dragon or even the Union flag could
details of a case with even their closest family And at the bottom of the rankings? Lumberjack, be unwittingly breaking the law. Transport Minister
members. taxi driver, seaman and dairy farmer. Jim Fitzpatrick told Westminster MPs that the only
symbol legally allowed on a licence plate is the EU
Paralegal jobs “better than lawyers” Her name was Lola… flag of 12 stars on a blue background, as per
A US survey has vindicated the career aspirations of A Colorado judge has come up with a novel regulations that came into force in 2001. Bob Spink
many paralegals, after citing the role as the best job punishment for noise polluters – giving them a taste of UK Independence Party raised the parliamentary
in the legal profession. New job website of their own medicine in the form of the greatest hits question after being contacted by drivers who had
CareerCast.com ranked paralegal assistant as the of Barry Manilow and Barney the Purple Dinosaur. been hit with the fines. “No-one believed it,” he
17th most desirable job – just below meteorologists Judge Paul Sacco of Fort Lupton, Colorado, says that said. “This is outrageous.”
The Specialist Paralegal Winter 2009 7
An idea whose
time has come
In the wake of several headline-grabbing cases, Margo MacDonald MSP
talks to The Specialist Paralegal about her End of Life Choices Bill.
The old saying may tell us that Safeguards that if things get too intolerable you control over their own lives, that
nothing in life is certain but death Scotland, of course, has a separate can go to a doctor who knows you, total dependency on other people
and taxes, but as a nation we Brits criminal legal system to the rest of knows your history and will take you with no hope of that ever
don’t like to talk about that final the UK, but recent news coverage seriously.” mitigating,” she says. “And it’s not a
inevitability. Indeed many of us has kickstarted the debate both Basing her legislation on the temporary thing; it’s not something
haven’t even made a will, let alone north and south of the border and autonomy of the individual, she is that people go into a huff or a mood
considered the circumstances in responses to the consultation aren’t very clear that the capacity of that about. And I’ve anticipated that this
which we might meet our end. limited to Scotland. “I’m going for individual to make the decision to might happen to me.”
Despite this, even the most casual physician assisted, not named person end his or her own life be carefully She does not shy away from the
observer couldn’t have helped but assisted as in Debbie Purdy’s case,” examined. It is clear that being able passionate and vocal arguments
notice the number of stories in the Ms McDonald says when asked how to deal with a doctor who knows the against the legalisation of physician
national press towards the end of she would see the two jurisdictions patient’s medical history has its assisted suicide, but admits that she
2008 which raised legal and moral “doesn’t get” the so-called ‘slippery
questions about terminal illness and slope’ argument. “My bill all depends
the end of life. In September, 23- on autonomy – without the person
year-old Daniel James died at the The reason why this is such a challenging piece being able to say that they want to
Dignitas clinic in Switzerland after a of legislation is that it is absolutely at the interface miss this last part out, it can’t work,”
rugby accident left him paralysed; she says. “Under my legislation, the
and in October, MS sufferer Debbie of public policy and private morality patient would have to in all cases
Purdy lost her High Court battle to activate the process, which is
clarify the law which could arguably more protection than we
potentially see her husband jailed interact should she ultimately be advantages in this respect. “If you currently have. Nobody could say
for fourteen years if he was to “assist” successful. “I don’t know what the are someone who has a mental ‘we’ll just dehydrate and starve him,
her suicide by helping her make the consultation will say though, and I’d illness or depression, the doctor just let him slip away…’
same journey. Meanwhile, Prime be quite interested to find out if dealing with you would have to “The reason why this is such a
Minister Gordon Brown has publicly there are people who would prefer it know that you had the capability to challenging piece of legislation is
stated that he is opposed to passing to be named person. make that decision,” Ms MacDonald that it is absolutely at the interface of
legislation that could “put pressure “I suspect that, here in Scotland, explains. “In that case, it would show public policy and private morality.
on people to end their lives”. people prefer the idea of doctors if up in the patient’s record if the But if a society can consider that sort
For Scottish politician Margo there are a sufficient number who are doctor didn’t adhere to the of thing calmly, and clearly, it’s good
MacDonald, however, the questions willing, and suitable. But no doctor appropriate guidelines that a for them to grow.”
raised aren’t ones of public morals can be forced, and not every doctor psychiatrist has to be called in. And perhaps now is the time for
but rather private autonomy. Last will be suitable – and the possibility “You have a duty of care towards society to begin to ask these
year Ms MacDonald, 65, who suffers of a register is something that I think that person, to make sure that you at questions. A close friend of Cardinal
from Parkinson’s disease, launched a I’ll find out as I go through the least give them the chance to try to Keith O’Brien, head of the Catholic
consultation on a private members’ consultation process and speak with tackle depression or mental illness. Church in Scotland, who she
bill which she hopes will get her different groups of doctors.” But if at the end of it they still say interviewed for the Panorama
colleagues debating some difficult Although most of the details will ‘no, I’ve had enough’ – and it is them programme, Ms MacDonald has
questions. be shaped as the consultation that is saying ‘no’, and not a stipulated that she has no intention
“This consultation document is process gets underway, Ms depressive illness – then they have of attempting to change the minds of
really to let everyone see what I’m McDonald has clearly given plenty the same rights as anybody else.” those whose belief systems preclude
proposing, what I’m still of thought to how the scheme will Clearly not one to shy away from the termination of life before its
questioning, what I’ve found out – work in practice and what safeguards difficult questions about the scheme, natural end.
it’s to set the scene,” she explains. “At will immediately be necessary. Ms MacDonald also brings up the “Why now?” she asks. “I think more
the end of the consultation period, I “Regardless of the actual system we subject of some kind of lower age of us are living longer, and modern
will ask MSPs if they think the end up with – whether it’s like in limit bearing in mind the recent news coverage has made people
contents of the proposal are worthy Oregon where you are given a decision allowing thirteen-year-old more aware. And perhaps there is a
of debate – and I believe they have prescription and the doctor stands Hannah Jones, of Hereford, to refuse metaphysical reason – perhaps the
to be debated. back, or whether it’s like in the a potentially life-saving heart time is now right. It’s possible that
“I think by that time they will have Netherlands, where the doctor transplant. “I don’t feel that it this is an idea that’s time has come.”
had so much communication from might actually administer a fatal diminishes the argument to discuss And with a recent YouGov survey
their own constituents that a lot of injection because you’ve asked for it these things,” she says. “There’s no in the Sunday Times showing that
them will agree to the debate, even – a very small number of people perfect, one size fits all approach, more than two-thirds (69%) of 2,000
if they don’t agree with the ultimately ask for this,” she explains. although ultimately one law has to respondents supporting a change in
proposal.” “While a higher propensity towards apply to everybody. The the law on assisted suicide, perhaps
Assuming that she gets the backing a progressive condition – for refinements, and how that law is she is right.
of the eighteen MSPs needed to example, a high concentration of MS applied, will be difficult.”
draft a Bill, Ms MacDonald predicts sufferers – might skew the figures I The proposed End of Life Choices
that the debate will continue until at slightly, it won’t be in any way that Loss of control (Scotland) Bill is open for consultation
least the end of this year. “During can’t be explained. Late last year, Ms MacDonald until 9th March 2009. Find out more at
that time I imagine it won’t be the “Every patient has a record, and fronted a Panorama programme for www.scottish.parliament.uk/s3/bills/
frenzy it has been this last year, but ultimately this will be another the BBC on assisted suicide in which MembersBills/index.htm
there will be other cases – of that I’m record. I think people will eventually she spoke to campaigners, sufferers,
absolutely sure,” she says. “So I think realise that the main benefit to be religious figures – and those left Do you have any comments on this
the topic is not going to go away derived from this proposed behind after a family member had article? Please send them through to
and we do have to, at the very least, legislation for sufferers of a committed suicide. “With everybody specialist_paralegal_magazine
work out what our attitudes are and progressive condition like mine is I’ve spoken to, it’s not the pain that @centlaw.com, and we will publish a
clarify the law.” that you have an insurance policy, so they mention first – it’s the loss of selection in our next edition.
8 The Specialist Paralegal Winter 2009
Image by Lyndsay Meager Sann www.lyndsaymeager.com
Illegally Blonde
Diary of The Specialist Paralegal’s girl about town!
Dear Diary,
Another year, another diet. After abusing my she seems like a nice girl. When they are in his Hubbie also came up trumps on the present
body over the festive period it was back to bread room I can be found scurrying about upstairs in front. It was the first time he had bought me
and water only. But at the first sign of stress – i.e. the other rooms making as much noise as possible something which I hadn’t had to take back or
first day back at work – I was back on the – just in case they are doing something they which he hadn’t bought me previously. I had told
chocolates. shouldn’t. him not to buy me anything but he did. He is
I must admit I was glad to get back to work after However, she won her way into my heart when learning fast.
the festive frolics but am missing one of my close she bought me some chocolates for Christmas. His favourite gift to me was a Still Game DVD
working colleagues who has started her battle to She can’t be all that bad. – it must be as he has never stopped watching it!
fight cancer. She is a tough gal and has the right My other son has just turned 14 and is doing We have also been busy on the Wills and
mental attitude, but still it is a difficult time and I well at school – particularly physics. His father is Executries front as a number of our clients have
wish her a speedy recovery only to return to work not very technically minded, so you know where regretfully passed away in the early part of the
quickly and resume her title of “senior member” in he gets the brains from. year. It certainly brings the worst out from some
our wee department! My youngest is now taller than me, which family members who are too eager to get their
I have also taken up power walking, sometimes means I am officially the smallest person in our hands on some money – one family member
via the chip shop, in a bid to shed the pounds family. Apart from my husband after I tell him off. phoned to advise of his dad’s passing away nine
with my friend June. It’s a great way to lose I have been thinking of getting a dog to replace hours previously when he still hadn’t been
weight and we can also have a great laugh as well. our pet cocker spaniel Isla, who died last year, but pronounced dead.
And I don’t feel so guilty when I have a refreshing the cat and dog home only seem to have It made me realise that this is one business
glass of wine (or two) afterwards. unwanted rottweilers. My husband says we which always does well – in good times and bad
My oldest son dropped a bombshell at the end already have one in the house – me. times.
of last year. It is the moment all mums dread with I had my father over on Christmas Day for his The recession is now making people think
their sons: I have been replaced in his affections. lunch, who is on his own – another reminder that about their futures and more and more are making
He has a steady girlfriend. my dear mother passed away three years ago and wills – are you?
She comes up on a Sunday and they disappear never a day goes by when I don’t think about her.
for hours on end to his bedroom to help her with Christmas is a difficult time of year, but everyone I Illegally Blonde is the pseudonym of a Wills,
her homework – or that is what he tells me. But rallied around to make it a great day. Trusts and Executries-qualified paralegal.
60 second interview
with Legally Blonde – a high flying lawyer who also loves to cook to impress!
Illegally Blonde: Okay, firstly I mind. Then again, Hugh Jackman Legally Blonde: Mmm… who
have to confess to being addicted to could pull me with one of his could we have as dinner guests?
Masterchef, and hope one day not spectacular claws. Don’t know about you but I’m
only to attract John Torode’s having Hugh, Bruce and John just to
(Johnny to me) affections but also to Illegally Blonde: What about the make you jealous!
offer new culinary delights to my two of us applying to appear on
family. And as you know, working Saturday Kitchen? James Martin… Illegally Blonde: I’ll do the dishes!
with me at the moment, once I get yum! Food heaven! Who would be your ideal dinner
my teeth into something I’m like a companion – apart from myself and
Rottweiler and won’t let go! Who or Legally Blonde: More like food Mr Torode (don’t tell my long-
what have you got your eye on when hell – what about gorgeous bald suffering hubbie about my “other
you are watching Masterchef? Simon Rimmer from Something for man”)!
the Weekend??! Legally Blonde: Easy – my wee
Legally Blonde: Woof woof, don’t boy. Easy to cook for, loveable,
I know all too well about you and Illegally Blonde: Okay, what cuddly and appreciates good home
your Rottweiler traits! But you force about Come Dine With Me? That cooking – even the brussell sprouts
me to watch Masterchef not only by would be easy for me – I would go to found hiding under his plate!
texting me to remind me but making good old M&S and pick up a couple
me sit through another episode of those “two can dine for a tenner” Illegally Blonde: Would you cook
during my lunch on the BBC’s not so meals, and hope not to be caught! or go out? I once bought a curry deal
friendly iPlayer! So in a nutshell John Last time we had friends over for from Asda and put everything into
T and Greg W do nothing for me. dinner, I made lasagne but during the saucepans so I could pretend I had
cooking I couldn’t get my bolognaise cooked it myself.
Illegally Blonde: Okay, so John’s sauce to thicken so thinking on my Legally Blonde: Oh, I’d stay in!
not your cup of tea – who is? feet I added All Bran. Meal was great
– it was next day when friends Illegally Blonde: So roll on
Legally Blonde: Give me strength started to query what they had Masterchef and let’s hope I can
to think – mmm, Gordon Ramsay, eaten; Andrex was rapidly running persuade a home visit from John…
but if Bruce Springsteen was a chef out! M&S is definitely the safer “cooking doesn’t get tougher than
then I may just have to change my option. this”.
The Specialist Paralegal Winter 2009 9
LATEST NEWS, SOCIETY INFORMATION AND
CONTACT DETAILS AT YOUR FINGERTIPS
In this section, we plan to bring you the latest news
from CLT and the Universities, as well as providing you
with a handy reference for all things Society of Specialist Dual qualify with Specialist Fellowship Status and CPD
Paralegal Practitioner Some of you will be nearing the end of your
Paralegals and a peek at the latest happenings south of Qualifications in association CPD year which, for paralegals, runs
the border. Got any ideas for this section? Let us know with the University of the West concurrently with your year of membership. We
at specialist_paralegal_magazine@centlaw.com of England have a great range of courses to fill out those
In addition to the University of outstanding hours, and remember – Society of
Strathclyde programme, CLT has an Specialist Paralegals members are entitled to
Book now! established range of Specialist substantial discounts across a wide range of legal
Bookings are now being taken for the Specialist Paralegal Practitioner Qualifications south of the update conferences and seminars! For more
Paralegal Practitioner Programme, providing the border in association with the University of the details, and a full timetable, visit our website at
legal secretary/paralegal or support staff with an West of England, Bristol. The Law Faculty at http://www.clt-scotland.co.uk.
in-depth understanding of their chosen area of UWE is one of the UK's largest, and has been In the ever-changing world of the legal
law, together with a recognisable academic engaged in the delivery of quality education since profession, it is of vital importance that
qualification from the University of Strathclyde. 1969. It currently holds one of then highest professionals keep up to date with the latest
The University was recently awarded 5A in the research ratings for Law in the “new” university developments and continually add to their skills
recent UK Research Assessment Exercise (RAE). sector and has been rated “excellent for its and knowledge. It is for this reason that we
This is the highest rating awarded to any Law teaching” by the Higher Education Funding recommend that all Members of the Society of
School in Scotland and, in effect, means that Council for England. Specialist Paralegals undertake CPD amounting
Strathclyde Law School in rated ninth equal (out Undertaking an additional Specialist Paralegal to at least ten hours per annum.
of 60) Law Schools in the UK. Practitioner Qualification with UWE will enable All Members of the Society of Specialist
A Specialist Paralegal Practitioner Qualification paralegals to “dual qualify”, giving them a unique Paralegals are issued with a CPD record card at
from the University of Strathclyde is the most perspective into the distinctive legal system south the start of each membership year. We would
established, rigorous and cost-effective method of the border. With many Scottish firms merging urge members to fill these out accurately and
to meet the academic element required under the with or expanding their operations into England return them promptly at the end of each
“competency map” which will form part of the and Wales, or developing a UK-wide client base, membership year to the address shown on the
new Law Society of Scotland Registered Paralegal dual qualification is an excellent way to develop card.
scheme. your career. In addition, two years of membership including
The next intake of face to face tutorial courses 25% off all Specialist Paralegal the completion of CPD entitles a member to
will commence in April 2009. Please contact the Qualifications – book NOW! Fellowship Status and the use of the letters FSSP
Paralegal Training Department for further after their name. Fellowship Status is conferred
information. I For more information, or to book, please contact automatically in the third year of membership
Specialist Paralegal Practitioner Qualifications Daniel Byrne, Paralegal Training Administrator, on 0141 providing all outstanding CPD cards have been
are also delivered by home study, enabling 225 6700 or via email at englishparalegal@centlaw.com. returned. Please contact The Membership
delegates to combine the programme with other Manager on 0141 225 6700 or via email at
commitments such as work or family. The home Graduations enquiries@specialistparalegals.co.uk for further
study course runs continuously throughout the The next Specialist Paralegal Practitioner information.
year, with a maximum of eighteen months given Graduation ceremony will take place at the
to complete the course. Examination is by way of Barony Hall, the University of Strathclyde in Intimations
continuous assessments, followed by a final Spring 2009, date TBC. Please contact the Please send us your announcements for our
written examination. Paralegal Training Department for further intimations column and news section! Births,
On successful completion of the course, information. marriages, promotions, new projects – drop us a
students will be awarded a Specialist Paralegal couple of lines, and a photograph if possible, to
Practitioner Award at a graduation ceremony held Website specialist_paralegal_magazine@centlaw.com.
at the University of Strathclyde, Glasgow. Have you visited the Society of Specialist Remember The Specialist Paralegal is your
Graduates of the programme will also be eligible Paralegals' website recently? magazine, and we are always interested to hear
for full membership of the Society of Specialist http://www.specialistparalegals.co.uk about what our members are up to.
Paralegals, and will be entitled to use the The website is regularly updated with the latest
designation MSSP after their name in recognition vacancies from some of Scotland's biggest legal We are, of course, always looking for your
of their professional status. recruiters, and new content is being added all the letters to the editor, whether on an issue you have
25% off all Specialist Paralegal time. Our members-only area contains links to read about in this publication or something of
Qualifications – book NOW! breaking news stories and details on forthcoming wider legal interest, on working life or anything
courses, and you can even access back issues of that takes your fancy – get it off your chest! We're
I For more information, or to book, please contact The Specialist Paralegal magazine in electronic keen to receive the latest news from your firm or
Daniel Byrne, Paralegal Training Administrator, format! If you have misplaced your login details, employer as well – don't worry about journalistic
on 0141 225 6700 or via email at please contact The Society of Specialist Paralegals style, just get in touch with a few brief details and
scottishparalegal@centlaw.com. via email on enquiries@specialistparalegals.co.uk. we'll do the rest.
CONTACT US
The general email addresses for enquiries regarding the In addition, delegates are reminded that the general
Paralegal Practitioner Programmes are: email inbox for enquiries relating to CLT courses is
scotenquiries@centlaw.com
Scottish Paralegal Practitioner/
University of Strathclyde Qualifications: For enquiries relating to your membership of the
scottishparalegal@centlaw.com Society of Specialist Paralegals, please contact:
English Paralegal Practitioner/UWE Qualifications: Gary Anderson, Membership Manager
englishparalegal@centlaw.com enquiries@specialistparalegals.co.uk
or 0141 225 6700.
The Paralegal Training Department can be contacted by
telephone on 0141 225 6700. Please contact Daniel Byrne The Society of Specialist Paralegals website is located at
(Administrator) or Lisa-Marie Ferla (Manager). http://www.specialistparalegals.co.uk
10 The Specialist Paralegal Winter 2009
Not yet a
member?
The Society of Specialist Paralegals is the alumni association for
the over 4,000 graduates of the Specialist Paralegal Practitioner
Programme – the only UK qualification backed by a prestigious
university. It aims to create a UK-wide network of University of
Strathclyde/University of the West of England alumi while
promoting the status of qualified Paralegal Practitioners.
Members are entitled to use the letters MSSP after their
names, to distinguish themselves as holders of a prestigious
academic qualification from a leading law school.
BENEFITS OF MEMBERSHIP
Current membership benefits include:
• Professional recognition, with the right to use the letters MSSP (Member of the Society of Specialist Paralegals) after your name.
• Fellowship status, attainable after two years’ membership or more.
• Substantially reduced rates available to Society members across a wide range of CLT conferences and seminars.
• A dedicated website, currently undergoing expansion and which will contain a discussion forum, online bulletins and a recruitment section as
well as details of current CPD courses.
• Your quarterly glossy magazine – the only way to guarantee your copy is as a Society of Specialist Paralegals member.
Membership runs annually for one year from the date of joining, for an annual subscription fee of £50.
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Area of specialisation The Membership Manager, The Society of Specialist Paralegals,
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(e.g. civil court etc): The Specialist Paralegal Summer 2008 11
Graduations
AUTUMN 2008
Sixty newly-qualified paralegals received their awards at a graduation ceremony at the Barony Hall, the
University of Strathclyde, on Monday, 20th October 2008. Here, we talk to some of those paralegals about
the challenges they faced in working towards their qualifications – and their plans for the future!
residential team. They
certainly are a hard-
working bunch and, like
Lindsays as a firm, put the
needs of our client first and
foremost and are always on
hand to help. I now no
longer type and my own
workload is growing – it’s
great!”
Her admiration for her
colleagues is even more
evident when asked about
role models in the
profession. “Susan Law is a
superb role model for
Kim Moffat, Lindsays youngsters starting out in the legal
Qualified in: Residential profession, having already achieved
Conveyancing Senior Associate status,” Kim says.
“Susan was an NQ when she joined
Lindsays and, like the firm, has
grown from strength to strength. If
I could achieve even a quarter of
Kim Moffat had been with central what she has in her short career I
Scotland firm Lindsays for four would be delighted! Natalie Barnes
years before undertaking the too deserves a mention – she is also
paralegal course. “I actually fell into a fab young property lawyer. Both
legal work by accident and had no these hard-working girls were a big
formal experience or training support to me throughout my
having previously worked in studying and showed me a lot of
insurance and in medical,” she says. encouragement and I will
“I found the work interesting and forever be indebted to their
there was always something new to kindness.”
be learned. But her praise isn’t just for her
“After being with the firm for four colleagues: “Last but not least, I
years I felt it was time to take things have to give a big mention to be a good deal of job security as
up a gear, and felt by undertaking my lovely mum, Nanette, people will more than likely always
the course I would be able to without whom I would never have accidents!”
contribute so much more to the have gotten this far,” she adds. After Irwin Mitchell merged with
firm. After approaching the head of One aspect of the paralegal Golds in 2007, Fraser asked one of
department it was agreed that I training experience which Kim the partners if the firm would put
would undertake the property particularly enjoyed was the him through the paralegal course. “I
course and I had the full support of graduation ceremony. “It was a thought I knew a lot about
the partners and staff in the very special day for me as well reparation law and I deal with road
department to take that forward.” as my family,” she explains. “I traffic accident claims on a daily
Kim “thoroughly enjoyed” the felt a real sense of achievement, basis,” he says. “It wasn’t until I
course, saying: “It was very as I’m sure all the other graduates Fraser Watson, Irwin Mitchell started my paralegal course that I
interesting and informative and was did. It really made all the hard work Qualified in: Reparation Law realised that there was still a fair bit
a good introduction into the worthwhile and I am pleased that for me to learn.
workings of property law. I would paralegals are now recognised as “I enjoyed the course and would
definitely recommend it, as having having a professional qualification.” recommend it to anyone that
this certificate under your belt is a Kim is the single mother of currently deals with reparation.
good base to progress your career. Christopher, who is nearly three. “I found it a lot easier to work on
“As I studied the course by the “Although he doesn’t know it yet, my assignments by staying behind
home study method, you really he played a big part in me wanting Fraser joined Irwin Mitchell, or in the office after work. This way, I
need to be dedicated and set aside to progress my career and undertake Golds as it then was, in September remained in work mode and was
time every day to study. Although, this course – every mum wants their 2003. “When I started, I was away from any distractions I may
having really enjoyed the course, I child to be proud of them,” she says. originally employed to answer have at home – such as the
used to look forward to coming “And in five years time I would phones and get new instructions set television and my Playstation 3!”
home in the evenings so I could get certainly hope to be a fully-fledged, up on the system,” he remembers. “I Fraser enjoyed the graduation
into my books – there was no multi-functional paralegal – or then moved on to dealing with ceremony, which he attended with
chance of my enthusiasm waning! maybe more! claims before a court action was his wife and family. “As I left school
“My job has changed completely “If someone had asked me five raised, then I moved into the court when I was sixteen years old and
since completing the course,” Kim years ago where I expected to be section where I am now. never went to college or university,
adds. “Although I am still part of the today I wouldn’t have been able to “I felt that a legal practice would this was the first chance I have had
property group, I have moved over tell them so who knows what the be a fairly interesting place to work to experience a graduation
from the commercial team to the future has in store for me..!” and, if I’m honest, that there would ceremony,” he says. “I also enjoyed
12 The Specialist Paralegal Winter 2009
Nadine McPike, Michael Lott bit of a blur – I was in awe of the allow yourself some ‘reward’ time to
Qualified in: Wills, Trusts and Barony Hall which is so beautiful, unwind and forget about the course
Executries and I think I was more concerned for a little while – if I was spending
that my parents and grandfather too many hours studying my mum
were enjoying the day rather than would insist that I take a break and
how much I was enjoying it. My maybe go shopping for a few
second graduation was fantastic – I hours.”
was much more relaxed, and I knew Her favourite part of the job is
what to expect.” telling clients they can collect their
Despite her initial panic having keys. “That one sentence makes my
Nadine McPike completed her first been out of the way of studying for day!” she says. Although her role
paralegal qualification – in Property almost a decade, Nadine found she hasn’t changed much since
Law – in 2006, and “enjoyed that enjoyed building up her study completing the course, she adds, “I
course so much” that she embarked hours. “After a few weeks I found it am more confident in myself and I
upon a second qualification in less difficult and actually began to don’t question my decisions
August 2007. Nadine credits her enjoy learning more and more,” she anymore. I am much more efficient
fascination with the law to the says. “I would definitely recommend in my work too.”
television programmes she enjoyed a Paralegal course to anyone who As for planning for the future,
as a girl. “At a very early age I was works in the legal profession, enjoys Nadine’s philosophy is: “I don’t. I
addicted to LA Law, TJ Hooker and their job and who wants to take the think if you look too far into the
The Bill, and I became so obsessed next step and further their career.” future and set yourself too many
with the Police Force I even started Nadine attributes her success to goals you only disappoint yourself. I
school with a plastic gun and police her friends and family, saying, “If I used to plan as far ahead as possible
badge in my blazer pocket!” she hadn’t had the support of my but I never met any of my goals so
recalls. parents, I don’t think I would have now I’m fairly spontaneous in what I
After leaving school, Nadine was found the course as stress-free as I do and touch wood… my life is so
determined to join Strathclyde did. much more enjoyable and
Police as soon as she was old “I think it’s imperative that you rewarding!”
enough – but fate was to deliver an
unexpected turn. “I started work
with Austin Lafferty in October
2007 as an officer junior and left the
company in June 2001 as a
secretary,” she says. “I enjoyed the
work so much that joining the
the drinks reception afterwards.” police was put on the back burner.”
His job has changed “quite a bit” “I began working for Michael Lott
since completing the paralegal Solicitors in June 2002 as a
course, he says, explaining: “I have Secretary and can honestly say that
recently become a manager in my
department. I will now be able to
my time there has passed too
quickly. The light atmosphere and
Tip the scales in your favour
pass on my knowledge to the team I relaxed relationships within the Achieving your goals in 2009 means taking action now - so register
look after.” office makes the working day pass for our essential LLB events to find out about developing your
He enjoys his job, saying: “I don’t pretty quickly.” career with a law degree.
really have a favourite part of my Nadine had no formal legal
job in particular, but the least qualifications before completing • Part-time LLB (evening classes)
favourite part is dealing with any her first paralegal course, which she Information Evening: Wednesday 11 March - 6pm
complaints that come in. arranged herself and told her boss
Thankfully there are very few of about once she had passed. “I had • Graduate Entry LLB (two year course)
these, and the ones that we get are two reasons for undertaking the Information Afternoon: Wednesday 25 February - 1:30pm
usually easily resolved.” course,” she says. “The first and
Fraser has been married for just main reason was to prove to myself Why Strathclyde? Strathclyde is one of the top Law Schools in the
over two years, and says that if he that I could do it without any UK. For over 45 years it has established a reputation for the highest
was to cite one person as a role assistance financially or quality teaching and research in the UK. In the recent official
model it would be his father. “My professionally from anyone else. I assessment of the quality of staff expertise, most of the Law School’s
Dad worked hard to be able to took great pride in saying that I had output was officially graded ‘world-class’ or ‘internationally excellent’ –
provide a good standard of living done all this work on my own and in effect this ranks Strathclyde Law School as the seventh best in the
for myself and our family,” he came out at the end of it all with a UK (out of 67) and top in Scotland. This means that students are being
explains. “If I can provide the same good pass mark.
standard of living for my family one “My second was to make my taught by among the very best legal experts in the UK.
day then I will be happy. Perhaps a family proud. My parents have Find out more by registering for the events/visit the
little stressed, but happy all the worked hard to give me the best course web pages to complete the online form.
same!” lifestyle they could, and my
In his spare time, Fraser enjoys grandfather James has been a real w: www.law.strath.ac.uk
watching Rangers play at Ibrox, gem throughout my life too; so this t: 0141 548 3738
listening to music and socialising was my way of paying them back, e: courses@law.strath.ac.uk
with his wife and friends. “In five making them proud and giving
years time I see myself pretty much them a fantastic day out at the Please quote: PARA1/09
doing what I am just now,” he says. Graduation Ceremony where they The University of Strathclyde is a charitable body, registered in Scotland,
“The difference will be that I will could see all their hard work and number SC015263
have even more knowledge and mine pay off.
experience in what I do.” “My first graduation passed by in a The place of useful learning
The Specialist Paralegal Winter 2009 13
KIMBERLY FYFFE and INSTRUCT US NOW
Instruct Us Now is a unique service which
organises counsel for Scottish solicitors – and
paralegals! We talk to founder Gordon Stead
been extremely happy with the out- young baby and begun working from
about the company, and hear from client come in cases where we have used home for three days a week, being in
paralegal Kimberly Fyffe. the service, and I would strongly rec- the office two days per week. Home
ommend Instruct Us Now to any study was particularly appealing
solicitors who often because it meant that I could still
Instruct Us Now was launched in require to instruct work full time and study in the
May 2008 by Gordon Stead, a Kimberly Counsel in certain cases evenings and weekends.
practicing solicitor who had been Fyffe for whatever reason. “Since I have completed this course
running a similar service with a They present themselves I feel I have learned so much, and am
business partner since May 2007. “As as very friendly and so much more confident in my role. I
a solicitor for over ten years I was approachable, yet experi- am frequently involved in many
very aware of the level of service enced and professional interesting and bizarre cases, which I
demanded by clients to secure their and they provide a great think is why I enjoy my job so much.
work,” he explains. “I felt that service.” I find the favourite part of my job is
solicitors did not receive a similar Kimberly found herself meeting with clients and handing
level of service from suppliers of working for Boyles as an over their settlement cheques to
services to them, and in particular office junior after leaving them at the conclusion of an action
the provision of Advocacy services. school at sixteen. “To be after many months of investigation
“There are over 400 practicing honest, I had not really and hard work, which I personally
Advocates who all work, fee and considered a career in law find very satisfying.”
deliver advice in a different way. My at that particular time,” Instruct Us Now organise all types
aim was to make the instruction of she admits. “But due to of civil litigation, pre-litigation and
Counsel easier for solicitors and to the limited staffing in the Court of Session and Sheriff
introduce clear and consistent within the company at Courts. “Most members of the
service standards which apply the time I found I was profession, and in particular
regardless of which Counsel basically thrown in at the paralegals, do not necessarily know
completes the work.” which Counsel would be suitable to
The company guarantee Gordon provide advice in relation to a
consistent, quality advice within five Stead particular topic,” Gordon explains. “I
working days to firms who use the am able to assist in ensuring that
service, on a pre-agreed feeing basis only a Counsel with real relevant
and in a standardised format. “This experience will undertake work for
removes uncertainty and also them.
unnecessary time spent locating a being charged for Advocacy services “Having instructed Counsel for ten
suitable counsel and chasing at that time,” Kimberly explains. years I am very aware of the
outstanding work,” Gordon explains. “This was particularly inviting to us importance of receiving clear advice
“In general terms I wanted to offer because in a number of cases, which will help progress a client’s
the level of service to solicitors and Advocates’ fees would not be met by case. My background also means
paralegals that they deserve, and the opponents and would often that I can assist solicitors and
which will assist them in earning require to be deducted from the paralegals by discussing their cases
fees.” client’s award of compensation. with them – I’m often used as a
One paralegal who has already “Mr Stead had explained to me that sounding board, and whilst I do not
benefitted from the service is he was an experienced Accident give any legal advice I can often give
Kimberly Fyffe of Boyles Solicitors, Claims Solicitor, and although he deep end, and had learn very reassurance and a few pointers on
Dundee. Kimberly, a Member of the would pass our requests to Counsel quickly.” Kimberly worked her way how best to proceed.
Society of Specialist Paralegals who he was more than willing to offer through the ranks, first as a junior “Although the legal market can be
completed a qualification from the what personal assistance and advice then senior typist working in various very conservative, I find that when I
University of Strathclyde in 2005, is he could in cases – as part of the departments in the firm. meet with people and discuss how I
a senior paralegal who is principally service and without any additional “I think around nine years ago I was can help they are usually very
responsible for the running of the charge. Through my time in dealing working within our rapidly receptive to trying out our service.
firm’s Accident Claims Department. with him, I have often found that he increasing reparation department, I’m keen for as many people as
She deals with a fairly large caseload would be more than happy to give which dealt with accident claims,” possible to try us out as I’m confident
of personal injury claims, criminal me his opinion on certain cases she remembers. “I enjoyed this work it will make their life easier and make
injuries compensation claims and without us having to formally very much and became extremely their working life easier which can
medical negligence claims. instruct Counsel. interested in this area of law. I only be a good thing. I am always
It was the firm’s senior partner who “I find the service provided by became involved in meeting with happy to meet with people
first introduced Kimberly to Gordon them to be very helpful, whether clients and investigating claims, throughout Scotland and if anyone
and his new service. “We had used we’re looking for the drafting of which was of particular interest to fancies coffee or lunch call or email
Faculty Services for the instruction pleadings in complication litigation me, then learned through my me to arrange!”
of Counsel, but Instruct Us Now or to obtain a Note on Quantum in employer that Strathclyde
were offering a very inviting service an effort to persuade insurance University were running Specialist I To find out more about Instruct
which guaranteed a work turnaround companies to increase offers in Paralegal Courses through home Us Now, call Gordon Stead on
of five working days and fees particular cases. study. This was of particular interest 0844 567 66 99 or visit the website
somewhat less than the fees we were “I have found that the clients have to me at the time because I had a on www.instructusnow.com.
14 The Specialist Paralegal Winter 2009
career clinic+ Welcome to the Career
Clinic, where you have
the opportunity to ask
Lisa McGill from
NO SUPPORT Search Legal those
burning questions about
Q: I have been working with my your paralegal career.
firm for over two years now and Please feel free to send
have been given no development us your experiences that
since I started in terms of training relate to any of the
and guidance. I have not received questions, and we ll try
any appraisals and feel as though I
am drifting along without knowing
to print them in the next
how well I am performing or if I’m issue.
meeting my boss’ expectations. I
have never been told I am doing a
bad job, but would like to know for
sure. What should I do?
Career Clinic: This is an all-too
common scenario, where
employees are left in limbo not
knowing if their work performance
is satisfactory or not. Unfortunately,
it tends to be the case that a poor
work standard is recognised before
a good one. Given that no problems
with your work have been raised it
would seem all is ok, but this is not
ideal as you obviously want to know
for your own peace of mind and
development. I suggest you would like a new challenge. I do
approach your boss and ask for a really enjoy working in law and feel
meeting where you can address this it would be a shame to throw my
and make him aware that you would experience away. One thing I have
like a more structured approach to considered is retraining as a
your development, which will solicitor, but I couldn’t afford to do
ideally include annual appraisals in it full time and I know fees are
order to raise any areas of weakness expensive. Do you know if firms
that need improved. I am sure your help paralegals training as
boss will appreciate this, and it may solicitors?
well be the case that he thinks
you’re happy with his informal Career Clinic: In my experience,
approach. Good luck! firms tend to be supportive of
employees who want to further
their knowledge – especially when
it will be to their advantage. The
OVERLOOKED FOR level of assistance does vary
PROMOTION however from firm to firm, for
example some firms will just be
Q: I work as a PI paralegal within a flexible with working hours and will
team of five and have been at my would be a good idea to raise your undertaking the Paralegal accommodate time off for exams
firm for over eight years. I have concerns with your boss and his/her Certificate here, as that combined etc, while others will actually pay
been overlooked for promotion to explanation may put your mind at with your extensive experience will fees and offer traineeships at the
team leader twice in favour of less rest. Of course, it may also be the stand you in better stead in securing end of the diploma. There are also
experienced colleagues. It is case that your boss’ justification employment. I would ensure that various options for paralegals
affecting my confidence, even means that you want to move onto when applying for jobs you include retraining as solicitors, so do some
though I always get good feedback a firm where progression will be in your covering letter that you research to work out what would
from my boss. I feel like leaving but achievable, and if that is the case have the Scottish qualification, suit you best. Then the best thing
I love my job and get on well with please don’t hesitate to contact me! which has given you knowledge of you could do is broach the subject
my colleagues so I don’t know what Scots law and you can apply that to with your boss and take things from
to do. Do you have any advice? your practical experience. You there depending on what support
should also explain that you are they are prepared to offer. Best of
Career Clinic: I can completely RELOCATION WOES here permanently. Additionally, you luck!
understand why you feel your could approach firms and ask if you
confidence has been knocked by Q: I am an American paralegal who could go in on a voluntary basis to I Have you got a burning question for
this. I would say, however, that has relocated to Scotland gain experience here, which would our recruitment expert, or would you
there could be many reasons to permanently, but I’m struggling to help. Paralegals with foreign like to share your experiences on the
explain why you haven’t been find suitable employment. I worked experience do manage to get above? Drop us a line at
promoted – your colleagues may in Arizona as a Litigation paralegal paralegal roles, so I would say your specialist_paralegal_magazine@centl
have managerial experience from for ten years where I had a high perseverance and patience will pay aw.com.
previous jobs, for example. The fact volume caseload. I have completed off.
you always get good feedback the Paralegal Certificate in
would suggest you have nothing to Reparation as I thought that would Career Clinic – brought to
worry about, and it may be your help me get a job over here but I am you in association with
boss thinks you wouldn’t want a not even getting any interviews. Is SOLICITOR DREAMS
team leader role – which many there anything else I can do?
paralegals don’t. It would seem a Q: I have been working as a
shame to leave if you’re happy with Career Clinic: Firstly, I would say paralegal for fifteen years and am
every other aspect of your job, so it that you’ve done the right thing by beginning to feel stale at work and
The Specialist Paralegal Winter 2009 15
The Year of
Living Gracefully
If you didn’t make any resolutions good deals by using their selling can’t afford and will rarely use once thehungersite.com let you raise
this year, skip this article – you’re power to lower buying prices, so the novelty has worn off. Jogging – funds just be clicking on a button –
obviously perfect. But if you did those lower down the food chain or even walking – groups are one click on their animal rescue
(and I’ve got a feeling that’s most of have to get by on less and watch, cropping up all over the country and section lets you donate 0.6 bowls of
you) then tear up your list, you’re while those above them get richer. most of the time all you need to do food to rescue animals, and
not going to need it anymore. And they’re often a lynchpin of the is grab some suitable shoes (because freerice.com is an online trivia
Resolutions are about thinking big, local community – and in an you can’t run in high heels, didn’t game that donates 20 grains of rice
about change on a grand scale, and increasingly cyber-driven age, who that dash for the last bus on to the UN World Food Program for
they don’t work. We’re in a recession can afford to turn down the chance Christmas Eve teach you anything?). every right answer. And if you’re
– it’s time to downsize. of a flesh and blood connection? You can meet new people, and shopping online during your lunch
I’ll lose weight. I’ll drink less. I’ll stop When LGBT store Gay’s the Word making friends is an excellent break, don’t forget that you can
spending money I don’t have on things I was threatened with closure, incentive to come back. And you often donate money to a good cause
don’t need. Sound familiar? They’re all countless regulars spoke to the press don’t need a membership, or even a just by going via the website of your
good ideas – in practice. The workout outfit. The Hash House favourite charity. Then you can
problem is that every resolution we Harriers are an international running update your Facebook status and
make comes back to that one word: group whose website describes their brag about your good deeds.
I. We spend January trying to activities as “a state of mind – a We all know the drill by now – if
change ourselves, when we friendship of kindred spirits you can avoid driving, use public
should be spending the year joined together for the sole transport. Although we might
trying to change the world purpose of reliving their complain about it, Britain has great
around us. But doesn’t that childhood, releasing the public transportation. OK, so you
mean thinking big? Not tensions of everyday life, and might be swapping the dulcet tones
necessarily. Instead of generally, acting a fool of your favourite radio station for
thinking about self- amongst others”. Beats the the blaring hip-hop on the top deck
improvement, concentrate treadmill any day. of the bus, but you never know –
on looking outward for a If you want to get out of you might get off the bus with a
change – and you’ll see the house but want to avoid whole new appreciation for it. And
how even the slightest working up a sweat, look into even if you have to drive, don’t feel
alterations to your daily volunteering. It gives you a too guilty because there are still
routine can make a big chance to make all those fuzzy ways you can reduce that carbon
difference. resolutions – make new friends, footprint. Again, it’s the little things
Take shopping, for instance. give something back, find a new that count – switch off your air
Even in the current economic social activity that doesn’t revolve conditioning and keep your speed
climate, none of us are going to give around the pub – all part of your below 70mph even on the
up completely. And yet, even in the weekly routine. And it couldn’t be motorway, but remember that
melee that is the average high street, easier – http://do-it.org.uk is a driving at less than 15mph is one of
we can still find a way to make a with stories about how the shop had great resource when it comes to the biggest car-related causes of
difference. Take the road less changed – or in some cases, even finding local activities that match pollution. Even driving with your
travelled and investigate smaller, saved – their lives. In smaller towns your interests, or try getting car windows up helps (apparently it
independent shops. Or shop online and cities, small bookshops are often monthly volunteering ideas emailed reduces drag) and ensuring that you
– etsy.com is a great place for those the main provider of books about to you by TimeBank. We all have have the correct type pressure can
hidden gems, selling a variety of local history, creating a community skills we can use to make the world save you up to 10% on your fuel bill.
handmade objects such as purses, of writers and readers as well as a better place, we all have And in these dark days, who doesn’t
jewellery, bags, art and notebooks. supporting small presses. If they go, experiences to share and wisdom we like a bargain? For more
For most people, these online stores then the community that has been can pass on. information, just Google
are a way of supplementing their built around them vanishes as well. Charity may begin in the home, “hypermiling” or go to
income whilst doing something they Whilst you’re there, pick up a book but it doesn’t have to be confined to www.eta.co.uk – a website chock
love. that can give you more ideas on how your life outside the office. Envisage full of ideas for green driving.
And rather than shop at the usual to improve the world around you. your average working day. Now See how easy it is to make the
high street behemoths, try an Don’t forget that most shops now think of how you spend your time small things matter? Even if it’s just
independent bookshop instead. sell reusable carrier bags, so buy one online – no, not the work-related switching your morning cup of
They can’t afford to lower their and make sure you take it with you stuff. The other stuff you do, when coffee to a fair trade brand or
prices to meet or beat those of ther on your next shopping spree. your boss isn’t looking. Sneakily making sure that if you have to use
competitors, they can’t give you a checking Facebook, ordering your disposable crockery you buy the
free Toblerone with every purchase Lose weight, save the planet weekly shop, forwarding that biodegradable stuff, or printing on
– the most you’re likely to get is a OK, so you want to make a hilarious joke email… sound both sides (again – take the time to
free bookmark advertising a book difference, but you still want to get familiar? Unsurprisingly, there are think if you really need a hard copy
you’ll probably never buy and fit. Fair enough – but there are more productive ways to of that email), making the world a
wouldn’t read if you did. Don’t plenty of ways to do it without procrastinate online – and some of better place without even thinking
forget, the chains can only negotiate getting a gym membership that you them are even fun. Websites like about it is a lot easier than it sounds.
16 The Specialist Paralegal Winter 2009
And about that cup of coffee – if you difference to the level of medical
have to have that early morning care you receive and you can amend
overpriced caffeine fix, at least buy a or withdraw your registration at any
travel mug with a lid. A lot of places time.
will give you a small discount or There’s a new kind of activism
even a free refill, and you’ll be saving that’s becoming increasingly
the planet in the process. Maybe popular – grace activism.
you’ll just be cutting down on the Jennifer Baumgardner
refuse we accumulate by one paper and Amy Richardson
cup a day and saving yourself a few coined the term in their 2005
pennies – but it’s a start. It’s one book, Grassroots: a Field Guide to
small step from there, to bypassing Feminist Activism. It’s about improving
Starbucks altogether and bringing the quality of life in all those tiny
your coffee from home. Oh, and try ways that most of us take for
skimmed milk and forget the sugar. granted. For example, studies have
There’s no reason you can’t rescue shown that nearly 8% of primary
the planet and your waistline, after schoolchildren in the UK don’t have
all. Just make sure that when you do, any books at home – but by starting
you only fill your kettle with the a bookdrive or donating to the
water you need – if everyone did Literacy Trust, you can help young
that, there would be enough children improve their vocabulary,
electricity left over to power every add to their education and fire their
street light in the country. imagination. Then there’s the
weekly shop – most supermarkets,
Look to the future especially ones in big cities, have
Mugs, t-shirts and posters with tables or baskets where you can
kittens in adorable poses all tell us to donate a few cans of pet food or
live each day as if it’s our last. Think some toys to ease the pressure on
about that for a second. It doesn’t animal shelters. If you can’t afford to
just mean making the most of every take in a homeless mutt, you can at
second – a nice thought, but not so least buy them a slap-up meal.
easy to put into practice – it also Alternatively, rather than just
means planning for the future and throwing your old clothes out or
making sure that the good work simply donating them to the
you’re doing with all these non- nearest charity shop, look for
resolutions carries on after you’re your nearest branch of Dress for
gone. Make a will. That way you Success and set up a clothing
and you alone get to choose what drive. This international non-
happens to your assets after you die, profit organisation provides
and make arrangements for children, business suits for
pets or any other dependents. disadvantaged women who
Wouldn’t we all sleep a little sounder are entering the job
if we knew that if the worst did market or who have just
happen, we could soften the blow started work, and women
for our loved ones? Don’t forget that for whom buying
unmarried couples can’t currently themselves something
inherit if you die intestate – and nice has always come way
don’t forget to leave a charitable down the list of their
donation in your will, however priorities but who need to
small. look smart for the office.
Sign up to the NHS organ donor Maybe next time you hit
register and help someone live after the sales for a bit of retail
your death. It takes five minutes out therapy, you can pick up a
of your time to register by signing few extra things for
up at www.uktransplant.org.uk someone who really needs
and it can make all the difference – them.
currently more than 9,000 people in With small actions, we can
Britain are in need of a transplant, change the world in hundreds
and yet only 3,000 operations are of huge, irrevocable, wonderful
performed a year. Statistically you’re ways. So offer the person
more likely to become a transplant looming over you on the Tube
recipient than a donor, so make sure your seat – they might not be old,
you not only sign up (informing visibly pregnant or have an obvious
your next of kin), but spread the disability, but they might just have
word to family or friends as well. had a really bad day. It’s a small
Contrary to occasional media gesture, but it can mean a lot.
scaremongering, being on the Sometimes, all we have to rely on is
register makes absolutely no the kindness of strangers.
I Kaite Welsh is an author, activist and freelance journalist.
She has written for The Guardian and her blog, Grandma
Was A Sufragette (www.modernbluestocking.blogspot.com)
has been quoted by Red magazine.
The Specialist Paralegal Winter 2009 17
professional update
The Gay Divorcé
It was not exactly Paul McCartney and Heather Mills in terms of its financial interest, but nevertheless
the recent “divorce” of Matt Lucas and Kevin McGee generated significant press coverage. Probably it
would have done so in any case, given the profile that Lucas and his stage partner David Walliams
currently enjoy, but there was unquestionably some added journalistic glee at the fact that the “only
gay in the village” had become the first (well-known, at any rate) gay divorcé.
Matt Lucas and Kevin McGee were joined and disadvantages arising from the relationship; a in that case did not accept that Heather Mills’
together, not in holy matrimony but in civil claim to share the costs of bringing up a child; a earning capacity had been diminished by her
partnership, in December 2006, a year after the claim to provide a three year cushion of support; marriage. So the only real issue was in valuing the
coming into force of the Civil Partnership Act and a claim to avoid serious financial hardship. The assets earned by Paul McCartney during the course
2004; they had been together by then for four aim is to provide, where possible, a clean break of their (relatively short) marriage. As is well-
years. Their six year relationship was brought to its between the parties, and continuing obligations of known, Mills received a payment of 25 million
legal end in October 2008. Though in strictly legal support are not encouraged. Though judges have pounds, which was roughly half of the increase in
terms not “marriage” (which both English and Scots some discretion (such as determining what is a “fair” McCartney’s wealth during the period of the
law reserve to opposite-sex couples), civil division of matrimonial/family property), their marriage.
partnership is virtually indistinguishable from that room for manoeuvre is deliberately restricted. In Matt Lucas and Kevin McGee registered their
institution in terms of eligibility, consequences and Scotland, a premium is put on predictability. civil partnership at the height of the former’s fame,
procedures for bringing the relationship to an end In England, the Matrimonial Causes Act 1973 is and his income was particularly high during the
- divorce for marriage and dissolution for civil very much looser in its drafting. Parliament gave time after the civil partnership registration. So the
partnership. The non-availability of adultery as a English judges a far wider discretion than that expectation must be that McGee will receive a
ground for dissolution, while it remains a ground granted to Scottish judges. Predictability is payment of around half of Lucas’s earnings from
for divorce, makes little difference in practice December 2006 until May 2008 (when they
because if one partner is unhappy about the sexual separated). Whether McGee is entitled to
exploits of the other then dissolution is likely to be anything else remains moot. He was a television
available on the ground of unreasonable behaviour There is not the strong producer when the couple registered their
in any case. partnership and there is little in the press reports to
Of course few people worry today about the encouragement that there is in indicate that his earning capacity has been reduced
ground for either divorce or dissolution, because Scotland to ensure that whatever is by that partnership. If so, he can expect little else.
even if neither adultery nor unreasonable behaviour Yet there is an inherent unfairness here in making
is available, the marriage or civil partnership can be awarded is awarded as a one-off financial provision on dissolution of civil
brought to an end after one year of separation, or payment or transfer of property, partnership exactly the same as financial provision
two years if the defender does not agree. The real on divorce, and the Lucas/McGee relationship
disputes in the vast majority of divorces today and open-ended periodical support illustrates it well. The pair had lived together since
concern children and money. Lucas and McGee is more common in England. 2002, but of course civil partnership was not
have no children, either together or separately. But available to them at that point. To define “family
it is unlikely to stop them arguing about money. property” as property acquired only after entering
The press report Lucas’s wealth at around 10 the legal institution rather than after commencing
million pounds. The dissolution court has the their relationship minimises the claims that can be
power to order a sharing of at least some of this sacrificed for justice in the individual case. The made. This benefits the wealthier of the two, as
wealth. legislation says little more than that the judge illustrated by the Lucas/McGee partnership: Kevin
Now, the Lucas/McGee dissolution is governed should seek a fair outcome, taking into account McGee would have been entitled to 50% of a far
by English law on this matter and this is one of various factors. It has been left to the higher courts larger portion of Matt Lucas’s wealth had civil
those areas that is very different from the to give guidance as to how this fairness is to be partnership been available in 2002. This is, of
equivalent Scottish law. So just as the achieved. The House of Lords has encouraged an course, a diminishing problem as time goes by, but
McCartney/Mills financial settlement tells us equal division of what they call “matrimonial it will disadvantage some people in civil partnership
nothing north of the border, so too will the property”, but the legislation does not provide any for decades to come. Whether the courts adopt
Lucas/McGee settlement tell us nothing. But it is definition. It is assumed that it means roughly what imaginative techniques to minimise this unfairness,
nevertheless worth looking at the differences in it means in Scotland, but there is still much scope which might well be characterised as
approach between the two jurisdictions. for judicial disagreement in England (for example discriminatory, remains to be seen.
In Scotland, the Family Law (Scotland) Act 1985, whether pensions are covered, or assets tied up in a And of course the problem may be less severe
sections 8 – 14, govern the matter, and the Civil business). And recently the House of Lords and the than it would be in the heterosexual world. The
Partnership Act 2004 amended this Act to bring in Court of Appeal have begun to recognise that problem for courts in highly discretionary systems
civil partners whose relationship is being dissolved. contributions to a relationship are not all financial. like English law has been to design awards that
It sets out in some fine detail the orders that can be Determined to push a gender-neutral agenda minimise or neutralise gender differences in society.
made and the principles that justify the making of (though using gender stereotypes to do so), these Financial provision on divorce was designed for
the orders. The primary claim is one for a fair courts have held that home-making contributions couples where, systemically, one is likely to have
sharing of the “matrimonial” or (if the couple are should be valued the same as bread-winning less earning capacity than the other and where
civil partners) “family” property. A fair sharing is contributions. So the stay-at-home spouse/civil gender roles in society will, even today, strongly
presumed to be a 50-50 split, though it is possible partner can expect some payment to recognise that push one party to continue with a career and the
to argue that a different split would be fairer. their own future earning capacity has been other to become homemaker and child-minder. In
Matrimonial or family property is (very basically) compromised. There is not the strong the gay community these disparities will exist but
that property which the parties or either of them encouragement that there is in Scotland to ensure they are far less noticeable, and while one party
acquired during the marriage or civil partnership - that whatever is awarded is awarded as a one-off may well decide to be home-maker rather than
from the date of the marriage/civil partnership until payment or transfer of property, and open-ended bread-winner, this will be driven by mutual choice
the date of final separation. This claim is one almost periodical support is more common in England. rather than social expectation. It will be interesting
of right and it takes a lot to persuade the court not Now, the differences between Scotland and to see the extent to which these social differences
to grant it. It is paid as a lump sum (though it may England really only show up in “big-money cases” between marriage and civil partnership are
be deferred or paid in instalments) or as a transfer where there is a substantial surplus beyond what reflected in financial awards in the future.
of property. Other claims might be made against each party genuinely needs to live. One of the
all the property, whether matrimonial/family or biggest of big money cases of recent years was of I Kenneth McK. Norrie is a Professor of Law with
not: a claim to even out the economic advantages course the McCartney/Mills divorce. But the judge the University of Strathclyde
18 The Specialist Paralegal Winter 2009
professional update
The Cumulative Nil Rate
Band – The Future?
On 9 October 2007, the Chancellor of the Exchequer stood up in the Houses of Parliament and announced – for the
first time ever – the concept of the cumulative or transferable Nil Rate Band. Prior to then, the Nil Rate Band had
been available on a “use it or lose it” basis. In effect, if one spouse had left his or her whole Estate to the other,
this was effectively giving back a tax exemption of a substantial amount to the Treasury.
Recognition of the foregoing meant therefore that if the funds were put this route out (to preserve the My own experience has been that,
that, for several years, our clients into a Discretionary Trust (albeit Cumulative Nil Rate Band) is to be even after the implications of the
required us to devise methodologies subject to the foregoing regime of preserved. cumulative NRB have been explained
by which Inheritance Tax could be taxation to Inheritance Tax) as At their Conference in September to our clients, several have chosen
mitigated. In many ways, the most opposed to passing absolutely to the 2007, the Conservative Party not to revert to simple Wills. Why
inexpensive way of seeking to surviving spouse, there could be indicated that, if they were elected should this be? The first and
achieve IHT mitigation was differential savings in IHT – if the into power at the next General perhaps simplest reason is that many
appropriate Will drafting. The reason funds in question had passed solely to Election, they would introduce a Nil clients do not regard their Wills as
for this was that the Testator did not the surviving spouse then on his or Rate Band of £1m. The Conservatives being simple “fiscal” devices i.e.
require to give away any of his or her her death they would have been did not “flesh out” that proposal but intended to mitigate the maximum
Estate during their lifetime, but charged at 40%. However, funds the effect which it had on their amount of IHT. Clients who feel that
rather could structure arrangements remaining with a Discretionary Trust position in the polls was incredible. way very often take the view that,
on their death so as to seek to set up on death of the first spouse are This probably pushed the Chancellor even although they appreciate the
achieve some degree of tax likely to suffer less taxation to IHT into his announcement on 9 October potentiality of the cumulative NRB,
mitigation. What were the principal even if the Trust were to run for 2007. they still wish their adult children to
methodologies? Obviously, under several years. receive a substantial benefit sooner
the pre-October 2007 regime, there Some clients have decided to retain rather than later i.e. the children
would require to be some degree of a Discretionary Nil Rate Band Trust The announcement of should not require to wait until the
“first use” of the predecessor’s Nil because of fears, for example, that death of the surviving spouse.
Rate Band. This evolved into two one of their children may be verging the cumulative NRB Another reason why clients have not
main approaches:- on bankruptcy. Retention of the caused panic amongst reverted to “simple Wills” is a fear of
funds within the Trust will protect the potentiality of the survivor
• The first death legacy – this often those funds for the child if the legal profession requiring to go into a Care Home.
was stated to be for the full amount bankruptcy occurs. Some clients Whilst I suspect that many of our
of the relevant Nil Rate Band but have also expressed concern that the clients have a misplaced view of the
did not require to be so – anything marriages of one or more of their The announcement of the potential loss of inheritance of their
passed to adult children on first adult children are “rocky”. Again, cumulative NRB caused panic children if the survivor requires to go
death would reduce the size of the they would prefer to see funds amongst the legal profession – after into a Care Home, nonetheless we
Estate of the surviving spouse, with protected until a reconciliation or all, we had spent years trying to have to respect clients’ feelings.
a result that less IHT would be divorce takes place. I am of course devise schemes in terms of our This particular viewpoint is relevant
payable on the death of the aware that inherited funds should not clients’ Wills to mitigate IHT for in respect of a client who has
surviving spouse. fall within the parameters of their families. Most firms incorporated a Discretionary Trust
“matrimonial property” – however, immediately revised their Wills’ Nil Rate Band legacy provision in his
• Incorporation of a Discretionary there have already been cases where Banks. The approach of each firm to Will and wishes to retain the same
Nil Rate Band Trust. inherited funds have been the introduction of the cumulative notwithstanding the provisions of
“converted” and have been NRB has differed. Some have the Finance Act 2008. The
These two strategies were quite subsequently found by a Court to indicated to clients, who had consideration here is that a fund can
different. In the first case, the come within the “target area” of incorporated first death be kept separate i.e. not passed to the
legacies were absolute. In the matrimonial property. legacies/Discretionary Trust Nil Rate surviving spouse, and therefore be
second case, however, the Trustees Incorporation of a Cumulative Nil Band provisions within their Wills, (at least in the conception of the
could assess the position of the Rate Band Discretionary Trust offers that they should revert to simple client) kept free from the predations
various beneficiaries. In particular, if great flexibility. There should be no Wills i.e. each spouse leaving their (as clients would perceive it) of the
the surviving spouse was included as immediate rush into eliding the same respective Estates to each other. Local Authority in the event of the
a beneficiary, then, provided this step from our client’s Wills – why? Quite Other firms have adopted a much survivor requiring to go into a Care
was taken not earlier than three simply the Inland Revenue have more measured approach (which I Home.
months after and within two years of already indicated that, when an favour). Whilst such fears may in fact be
the relevant date of death, in terms of individual dies leaving a Will There can be no doubt but that the misplaced, there is no doubt but that
Section 144 of the Inheritance Tax containing such a Trust, then introduction of the cumulative NRB retention of a fund within a
Act 1984, the whole funds could be provided the funds are appointed out has, potentially, moved many families Discretionary Trust Nil Rate Band
appointed out to relevant to the surviving spouse not earlier out of anticipated IHT liability – that provision would preserve the funds
beneficiaries, with no additional IHT than three months after but within liability arose simply because of the within that Trust for adult children
being payable. Obviously, however, two years of the relevant date of huge increases in house prices seen on death of the surviving spouse.
where the Trustees chose not to death, the Revenue will not regard (up until recently) over the past five Regulation 51 of the Income Support
appoint out to the surviving spouse this as first use of the Nil Rate Band - to six years. In some cases, the General Regulations 1987 states that
then there could still be achieved the cumulative NRB will still remain introduction of the cumulative NRB the assessing authority should not
generational and differential savings available to the surviving spouse. will be a boon. However, we should take into account the fact that the
to IHT. Bear in mind that where a This very helpful approach allows a not encourage our clients to rush into benefit applicant is a beneficiary in a
capital disposal is made from a family a period of adjustment and to reverting to “simple Wills” (i.e. each Discretionary Trust.
Discretionary Trust, the maximum assess the financial position of the spouse leaving their Estate to the There are, however, other points
amount of IHT which can be charged surviving spouse. One danger point – other) without giving this matter due which require to be considered in
is 6%. This also applies to the 10 the original Trust must include the thought. There are traps for the
year charge. The consideration was surviving spouse as a beneficiary if unwary here. continued overleaf
The Specialist Paralegal Winter 2009 19
The Cumulative
Nil Rate Band
– The Future? Debt Recovery
continued
relation to the cumulative NRB. The “credit crunch” is real, it is here and it is now, and while the role of the
Firstly, Practitioners require to be paralegal has always been an important and busy one, for the Specialist
aware of important dates. Debt Recovery Paralegal, in times of economic uncertainty and the current
Although this will apply only in highly volatile financial market, it is even more crucial than ever.
a very limited number of cases
(and I have had to deal with
one), care has to be taken where In simple terms, the present and there was simply no excuse, the firm reserving clients to
the predeceasing spouse died situation is that there are those in- apart from good old-fashioned themselves when it comes to debt
prior to October 1972. Because house debt recovery staff who will inefficiency, for the debt having not recovery as this is invariably a
of the fact that there was no get paid on time; those who will get been collected. recipe for disaster, and it can be
spouse exemption under the then paid but have to wait and, most If law firms have any sense at all very difficult to lean on slow payers
Estate Duty Regime, the Inland seriously, those who won’t be they will have a very high regard for personally on Monday morning
Revenue have made it clear that getting paid at all. their debt recovery people at this when you have been engaged in
the cumulative NRB will not be There will doubtless be some of present time and give them the social activity (golf, squash, the
available to the Executors of the you reading this article who would equipment, staff and any other pony-club and dinners etc) at the
surviving spouse. not agree with this, and think that resources they need to make sure weekend. So, firms need to use their
There is also the nuance where the legal profession is somehow in-house credit control and debt
the spouses have been married immune to the normal sorts of recovery departments to full
previously, with the first pressures that affect everyday advantage and, in particular, make
marriages ending through death business in terms of not being paid If law firms have use of the skills which the Specialist
of the first spouse. There is scope at all, but if my own experience is any sense at all they Debt Recovery paralegal will have
for client will planning here. anything to go by (and we are one gained as a result of studying and
Application and interpretation of the leading firms of debt
will have a very high passing their qualification with
of the cumulative NRB is collection trainers in the UK), then regard for their debt CLT. Now, more than ever, is the
therefore not as simple as it may watch out! I have handled one case recovery people time for debt recovery specialists to
appear. There are numerous in the last week where I had to fight shine and show what they can do,
issues to be considered, and it “tooth and nail” with a major bank and they need encouragement and
may well be that in certain to get a payment of just under support from the top of the
circumstances, it would be £20,000 that was seven months late; that the team are trained, motivated organisation down if they are to
appropriate not to encourage another case in the last month and get results. succeed in this.
clients to amend their existing where a debtor in the profession So, what do we need to do to
Wills. This may largely depend who owes my client nearly £50,000 maximise our chances of success in Basic good sense
on the viewpoint of the client in already nine months late needs to debt recovery and make sure that it There are a number of basic good
question but I have always made pay it in three instalments between is we who are the ones getting paid sense things which anyone reading
it clear that my own personal now and early April, and a case in while others wait? First, we need to this article ought to be doing. Make
view is that a Will should not be the last three months where the say what we mean and mean what sure your terms of service are clear
made simply for fiscal (tax debtor went into insolvent we say, there should be very few as to what the payment obligations
mitigation) considerations. liquidation owing my client legal examples of Partners are. Talk to the people who owe
Clever Will drafting can allow fees and work in progress (WIP) or Fee Earners in you money instead of
use (in relation to the second amounting to around £60,000. The emailing and writing to
marriage) of the Nil Rate Band saddest thing about this last case is them. Where necessary,
on first death leaving the that the debt was 20 months invoke penalties and
survivor still with a Cumulative overdue at the time the sanctions for late
Nil Rate Band. Obviously, this is client went bust payment (interest and
an area where you have to ask late payment
the “right questions” when taking charges), and stand up
instructions from clients in such for and be proud of
a second marriages. your payment terms. You
are (surely) proud of the
work you have done, so why
I John Kerrigan is a Partner should a similar sense of pride in
with Maxwell Maclaurin’s your entitlement to be paid on time
Private Client Department, be any different? Remember, if the
and can be contacted on client fails to pay on time, the right
jkerrigan@maxwellmaclaurin.com or cause of action is not that they
failed to pay on time, but that of the
Mr Kerrigan will be delivering a “breach of contract” which occurred
paper at CLT’s End of Year Tax by reason of their failure to pay on
Planning Conference on time. So, late payment is a far more
6th March 2009 in Edinburgh serious matter than you might at
– for more information, or to first have thought.
book a discounted place, Remember one of the core basics
please visit our website at of the world of credit and debt,
www.clt-scotland.co.uk. which is that the older and later a
debt becomes the greater your
exposure and risk are each and
every day that it remains
outstanding. Go back to the
example I gave you earlier of the
debtor who went into insolvent
liquidation when the debt was 20
months overdue. Who knows what
the client would have recovered (I
20 The Specialist Paralegal Winter 2009
professional update
suspect the entire debt), if they had short-term cashflow problems or balance. That’s good – exceptional do it. Logic would dictate that if
been on the case much, much longer term financial hardship or, in – debt recovery. you don’t change anything then
earlier. the worst case, are they Type 4, the Finally, bear in mind that really your collection rates will not
When it comes to discussing criminal and fraudulent debtor who good debt recovery can be simply improve and indeed in the present
payment, don’t be afraid to never intended to pay in the first summed up that when you do more economic climate your bad debt
accelerate the call “up” an place. of the right things in the right way write-off has the potential to be
organisation. So, if you are dealing you will invariably achieve far significantly higher than what it
with bought-ledger and they won’t Early intervention better results. So, the challenge is was last year. Decide what you are
respond to your calls or fail to Perhaps adopting an “early for you to look closely at your debt going to do and get on with it so
cooperate, then speak to the Chief intervention” policy would work for recovery policies and procedures, that, as stated earlier in this article,
Executive or Financial Director. your firm. Under such a process, see what needs to be changed, it is you who is the one being paid
That may be a wiser course of within five days of an invoice being removed or implemented and then while others wait.
action in any event because the sent you contact the client to
Chief Exec or FD may be the one establish that it has been received;
who has given the instruction for that there are no queries and to I Mike Connolly is
your debt to be delayed, but equally confirm when (on which date) and Senior Partner of The
be someone who has the seniority how (by what method, i.e. cheque Connolly Partnership
within the firm to authorise that or BACS) the payment is going to (Consultant
your cheque or BACS now be be made. Such a policy can, at a Credit/Debt Specialists
and Freelance Law
Lecturers) based in
When it comes to discussing Llangollen, North
Wales. He can be
payment, don’t be afraid to accelerate contacted by email:
the call “up” an organisation tcp@pastdue.co.uk, by
telephone on 01978
861616, or via the
website at
released. Also, compared to bought- stroke, deal with two of the oldest www.pastdue.co.uk.
ledger staff who tend to develop excuses in the book when it comes
immunity to receiving debt-chasing to chasing monies owed to a law
phone calls, those higher up the firm: that of the client who, when
firm are often “pussy cats”. the invoice is already 3/4/5/6
Make sure you are fully prepared months late, states that either they
for the call. Know who you intend have never received the bill or that
to speak to, which number you are there is a query on it. Early
going to ring and when. Think of intervention is simple and
the questions you are going to ask inexpensive to instigate, and pays
them and make a note of any handsome dividends very quickly.
questions they might ask you. Have You will need to ensure that you
full details of the matter(s) and know your law and that you use it.
access to the outstanding invoices If you have gained your Specialist
there and then when you are on the Paralegal Debt Recovery DEBT RECOVERY & CREDIT CONTROL LAWYERS
phone. Avoid costly and qualification through CLT then
unnecessary delays in posting copy there will be no excuse for not
invoices by having these in .pdf knowing. A good grasp of the legal
format so you can email them to the dos and don’t will have a significant DEBT RECOVERY PARALEGAL
client at the same time as making impact on your levels of personal
the call. Always – yes, always – confidence when you speak to An opportunity has arisen for a Debt Recovery Paralegal
agree a date for any follow-up: so, if people on the telephone, and that
the outcome of the call is a promise confidence will impact in a big way to join our busy Debt Recovery Department.
to pay, then make sure that if the on how seriously you are taken and The preferred candidate should have experience of some
client says they are going to pay by whether debtors follow through on
Monday, that they are very aware their undertakings to pay you.
or all of the following aspects of Debt Recovery:-
that you will be back on (and you If you arrive at the conclusion that telephone recovery, letters before action, issuing,
must be), if the payment has not a debtor might be a Type 3 cash- serving and minuting on Court actions, Inhibitions
arrived by Wednesday morning of flow or financial hardship case then
the same week. it is vital that you set up an and enforcement of Decrees.
Sort your debtors into “types” and appropriate instalment agreement at
not just profiles. By “profile” we say the earliest possible opportunity, This position would suit somone interested in further
the client is a small or large firm, a and the start point for this will be to developing their Debt Recovery Paralegal skills.
council or government department obtain detailed income and
or perhaps a member of the public, expenditure information. Please Although experience of operating a case management
a pensioner or a young family. But email us at the address at the end of system would be advantageous, this is not essential.
this only tells us their profile when, this article if you need an example
to deal with them accurately as a of an income and expenditure form. Salary dependent on experience.
debtor, we need also to know their Imagine your joy in dealing with
type. Are they Type 1 delayers, who such a case if you are owed, say,
can afford to pay but know your £15,000 and the client eventually PLEASE FORWARD YOUR CV TO:
system and are simply making you goes into liquidation or is declared
wait? Are they Type 2, who have or bankrupt and at the time your debt Anne Rourke, Debt Recovery and Insolvency Manager
feel they have a genuine reason not has reduced down to just £1,500 or Yuill & Kyle, 79 West Regent Street, Glasgow G2 2AR
to pay? Perhaps the debtor is Type £2,000 while other creditors are
3, and is unable to pay by reason of taking “hits” for the full outstanding Tel: 0141 572 4256 Email: AnneR@yuill-kyle.co.uk
The Specialist Paralegal Winter 2009 21
Forthcoming
COURSES
Now
BOOKING
A new year means a new range of full and half-day through the most important issues that you need to materials included.
courses to keep you up to speed no matter your be aware of as well as some of the less well-known For Employment Law practitioners, the annual CLT
area of professional practice, and CLT have a range potential pitfalls. Certificate in Employment Law in association with
of discounts and special offers to ensure that vital Also on the Private Client side, the Aberdeen Burness LLP (20th and 27th March, Glasgow)
training is affordable whatever your budget. Private Client Conference (23rd February, returns in 2009. Recent years have continued to
Top of the bill this month is our ever-popular Aberdeen) will be of essential interest to private produce a mass of domestic and European
Annual Licensing Conference (30th April, client advisors. In the current economic climate, it legislation and case law relating to this area, with
Edinburgh). With the commencement on 1st has never been more important for clients to be the “credit crunch” meaning a busy time for
September of the new licensing regime, there has made fully aware of what they can do to ensure that employment lawyers particularly in the related
never been a more challenging time for licensing their assets are properly managed and their liability fields of restructuring and redundancy. The aim of
practitioners. Now in its 15th year, our annual to tax is minimised. Our panel of experienced this course is to provide delegates with a strong
conference will consider the practical impact of advisors will consider six key areas where the foundation in the core areas of employment law
those issues causing most concern and will provide advice that you give your clients can make a practice, and on completion of the course delegates
delegates with the opportunity to raise their significant difference. will be awarded a “Certificate in Employment Law”.
concerns and experiences with the panel. This is the Our two-day Private Client Conversion Course It is suspected that from April 2009 the current
one event that all licensing practitioners cannot (17-18th March, Edinburgh) is suitable for statutory disciplinary and grievance procedure will
afford to miss. paralegals in any field wishing to change be swept away, to be replaced by the new
All of the major taxes will be considered in our specialism. The course is designed to give provisions contained in the proposed Employment
comprehensive End of Year Tax Planning delegates a sound grounding in the basics of Act 2008. Our topical New ACAS Code – all you
Conference (6th March, Edinburgh) – allowing you Private Client work, including an understanding of need to know half-day seminar (10th March,
to look at what you need to know to enable you to how to draft wills, administer estates, give advice to Edinburgh and 16th March, Glasgow) will review
advise your clients fully ahead of April 2009. With elderly clients and a knowledge of some of the tax and discuss the new statutory regime, while
an extremely practical focus, an experience team of issues involved. There will be practical exercises providing a round-up of the caselaw and recent
lawyers, accountants and financial advisors – and case studies where appropriate, and a developments under the current system that
chaired by Professor Alex McDougall – will take you Resource Pack with forms, guidance and other remains in force until next year.
Also
BOOKING
CIVIL LITIGATION & PI Bankruptcy and Dilligence – coping with the RESIDENTIAL PROPERTY
The Personal Injury Conference 2009 rise in debtors Home Reports and the Sellers Survey:
Edinburgh, 27th February Glasgow, 19th March friend or foe?
Glasgow, 24th February
COMMERCIAL PROPERTY EMPLOYMENT LAW
English Commercial Leases Mediation in Employment Conference The A-Z of Residential Conveyancing
Edinburgh, 12th March Edinburgh, 26th February Edinburgh, 26th February
Acquiring and Disposing of Pubs, Hotels and Property Litigation Remedies in Difficult
FAMILY LAW Times
Restaurants
Protecting Family Wealth on Marriage, Edinburgh, 27th February
Glasgow, 27th March
Separation and Divorce Acting for Purchasers in a Challenging
COMPANY LAW Edinburgh, 26th February Market
Directors’ Duties – Crucial Changes Child Law for Non-Lawyers Conference Edinburgh, 5th March // Glasgow, 11th March
Edinburgh, 29th April Edinburgh, 16th March The Property Disputes Conference 2009
CONSTRUCTION LAW PRIVATE CLIENT Glasgow, 30th March
Construction in the Credit Crunch Variations After Death Property Aspects of Insolvency
Conference Glasgow, 20th February Edinburgh, 28th April
Edinburgh, 27th February What should you be advising clients before RURAL LAW
April 2009? The Rural Law Conference 2009
CRIMINAL LAW
Glasgow, 24th February // Edinburgh, 26th Edinburgh, 26th March
Practice and Procedure in the Sheriff Court
February
Edinburgh, 30th April
Will Drafting – the essential workshop SKILLS AND MANAGEMENT
DEBT RECOVERY Glasgow, 5th March Effective Business Development: when
Extracting Payment from Unwilling Debtors Advising the Older Client times are tough
Edinburgh, 26th February Glasgow, 20th March Edinburgh, 27th February
Remember. . .
SSP members are entitled to discounted rates across CLT’s full range of conferences, seminars
and certificated programmes. Just mention your membership when booking.
For further details of our CPD programme, visit our website on www.clt-scotland.co.uk
or call us on 0141 225 6700.
22 The Specialist Paralegal Winter 2009
Debt Recovery Paralegal
Glasgow
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