It is a common belief that the three most stressful things that a person can face during his or her lifetime is divorce, death and moving house, but what is less well known is how easily all these difficult situations can impact on each other and cause havoc to financial affairs.

The first time I encountered an example of this was when, many years ago, I was acting for a woman whose husband had initiated divorce proceedings. The divorce petition had been issued and the process was moving along when, suddenly, the soon-to-be ex-husband passed away.

It transpired that the gentleman in question had not made any changes to his Will since he was first married and consequently his entire estate and fortune was received by his wife. The decree absolute had not been issued, the couple were still technically married and so the wishes expressed in the Will had to be honoured as a legally-binding document.

One of Southampton’s best known law firms, Eric Robinson Solicitors is welcoming a specialist Consultant to the firm that will help work with the city’s Polish population.

In 1987, after completing her college education, Eliza Saied came to the UK from Poland in order to improve her English. Though her intention was to return home and study English at university, shortly after her arrival she met the man who was to become her husband and father of her two children. ‘He could not speak any Polish, so since English was our common denominator I made the decision to stay and settle here,’ she explains.

Eliza studied law at the University of Kent in Canterbury and her LPC at London Metropolitan University. Specializing in Employment and Commercial Law, Eliza, 40, spent years gaining extensive experience through working in the City of London.

The Government’s plans to expand the prison service by creating new buildings to house offenders have been the source of much public discussion and debate. In my view, this initiative is similar to the adding of an extra lane to a busy motorway - it doesn’t address the issue of traffic and offers only a short term solution before demand increases and the congestion returns.

From my experience working in criminal law and the courts, I support those who demand a review of the legal process, sentencing guidelines and the power of the courts. There is an increasingly urgent need re-examine how custodial punishments are used and introduce restriction and uniformity to how courts issue them.

Please don’t mistake my wishes for asking that offenders ‘get off lightly’ or noone should ever be incarcerated, but I believe that prison is supposed to be a last resort - the ultimate punishment - that protects the public (and sometimes the person themselves) from the threat of a dangerous individual.

There can be no doubt that recently divorced Heather Mills-McCartney is one of the least popular figures in the public eye at the moment. Many have passed comment about her behaviour, dress and motivation during her divorce from millionaire Paul McCartney, but it is her swipe at the futility of lawyers such as myself that, quite obviously, I find rather annoying.

In my experience most family lawyers look to reduce acrimony and try to settle cases well before a final hearing in the knowledge that in most cases parents need to communicate and co operate with each other for the benefit of their children.

I readily admit that I have a personal interest in Ms Mills-McCartney’s claims, but I also fail to understand how she can question the importance of legal representation in a divorce case, when she was supported by a team of legal experts for most of the proceedings. She only represented herself in Court, so to claim that the result of her highly publicised battle makes an entire profession redundant is highly misleading. The responsibility for ensuring case documentation was presented must have fallen on Sir Paul’s Solicitors

Experts are predicting that this year will see a great change in the legal profession due to the implications of the Legal Services Act which received Royal Assent at the end of last year. In this article, Graham Payne, Senior Partner of Eric Robinson Solicitors, explains why how this new legislation could jeopardize lawyers’ relationships with their clients.

The purpose of the Legal Services Act is to reform the way legal services in England and Wales are regulated and, according to the Ministry of Justice, ‘put the consumer interest at the heart of the regulatory framework.’ It allows law firms to create alternative business structures (for example lawyers working together with people from other sectors such as accountancy, insurance or property on an equal footing as company directors), invite outside investment and even float on the stock market . 

Dubbed by insiders as ‘Tesco Law’ because it will eventually allow supermarkets to sell legal services, the Legal Services Act sounds like a good strategy in an increasingly crowded legal marketplace, but I believe it fails to take into account a fundamental issue.

One of the major considerations for a lot of people when embarking on any kind of financial planning is providing for their children. Of course people’s main priority is to earn, save and manage money in order to look after their families, but in the unforeseen tragedy of a parent passing, it is essential that a Will be made, and made well, to take care of any children left behind.

Without a parental Will, all financial and welfare decisions for a child are made by the courts or according to strict statutory rules. Say, for example, a deceased father had his own company, he may have intended that his children benefit from the profits of continued business, inherit shares or even take over the business if they were old enough. Without a clear and legally binding Will, this legacy could easily be lost, especially if there are partners or senior colleagues in the business.

It is exactly the same principle for guardianship. If a mother specifically wanted her sister, aunt or friend to take care of her children in her absence, it is important she make her wishes known in a Will, otherwise the courts would award guardianship to someone they deem suitable, but whom the mother may have had issue with.

Graham Payne moved to Southampton as a teenager in 1968 in order to study law at the University. After he completed his course, he secured a position in a local practice where he did his articles, became fully qualified and was made Partner at the age of just 25 years

‘As soon as I arrived in Hampshire, I knew I wanted to stay,’ recalls Graham who is originally from Surrey. ‘It always felt like home and over the years I have not only raised my family, but also made some very good friends here.’

Graham moved to Eric Robinson Solicitors 30 years ago to progress the firm’s branch in Chandlers Ford. He arrived with just 10 files to be the only solicitor at the office and grew the practice to the busy office of eight fee earners plus support staff that it is today.

A Lifetime Trust is a way of ensuring that an estate left in a Will cares for a remaining spouse during their life and is then passed on for the benefit of the next generation.

Making a Will is a highly emotive subject, but when the vast majority of people do so it is to ensure that their assets and estate are passed on to their loved ones. Whilst effective tax planning ensures that beneficiaries receive the maximum the law allows, in the current climate that is not always enough to guarantee they receive what was intended.

Take, for example, the situation of a husband who has left a marital home to his wife, intending for her to pass it on to their children. If she eventually needs to take residency in a nursing home, the wife will be forced to sell the home in order to fund her care. It is only when she is down to a limited amount of personal funds (currently £21,500.00) that Social Services will assist with the payments, leaving a fraction of the original estate for the children.

There is no doubt that Paul Sams knows Southampton. Having diligently networked at every opportunity in the area for the past six years, he has become one of the most recognised faces of the local property market and now made his own move to join Eric Robinson Solicitors’ Residential Conveyancing Team.

Paul Sams studied law at the University of East Anglia in Norwich, completed his LPC at the University of Northumbria in Newcastle and stayed in the city for a year to work as a Personal Injury paralegal.

He moved South in September 2001 to join his then girlfriend, now wife, who he met at university and had returned to her home of Southampton. He completed his training course during three years at Lawcomm Solicitors and became Section Leader for the firm’s Residential Conveyancing Team.

For those of us old enough to remember quality goods and personal customer service from local shops, it is rather amusing to see the ‘marketing gurus’ of the next generation use the concept as if it were a brand new idea.

The latest craze our supermarkets are championing is the offer of local produce. Maybe they are trying to capture the minority who still buy from independent grocers, butchers and bakers, or maybe we are beginning to recognise the better quality of produce created and sold locally.

Even though I work in a completely different field as a conveyancer, the issue of buying locally is just a relevant. When you sell your house, a lot of the multi-national estate agents refer sellers on to ‘property shops’ to earn either reward or favour.

Being responsible for one of the largest conveyancing teams on the south coast and having over 37 years of experience in the profession, Paul Bakewell has followed the development of HIPS since the idea was first muted by a Conservative Government back in 1994.

‘There can be no doubt that the implementation of HIPs has attracted a great deal of interest and media coverage in the past few months,’ says Paul, Partner of Eric Robinson Solicitors. ‘Though it has caused some unnecessary anxiety, I believe the HIP pack is a very worthwhile initiative. At a time when there is a great concern over the environment and global warming, energy assessments will become an increasingly important aspect of buying and selling property.’

Paul’s confidence in HIPs was clearly demonstrated when he decided Eric Robinson Solicitors should take part in the Government’s ‘Early Adoption Scheme’ that was pioneered last year in Southampton as one of only eight cities in the UK.

‘Being a part of this scheme early on was the ultimate ‘win, win’ scenario,’ explains Paul. ‘The Government got to see the process in action and we were able to both plan and gain the experience we needed for when HIPs become compulsory in August.’

Solicitors who specialise in Personal Injury are welcoming findings from a national survey that not only challenge the stereotypical perception of the work they do, but also highlight real dangers with the future of the profession.

The Law Society’s Strategic Research Unit has announced the results of a survey it conducted into the experiences of 1,200 injury victims and the value they placed on the legal advice and representation they received.

While 83% of respondents said they felt it was very important that they received legal advice on their case and well over half were sure the compensation they received was greater with the help of a solicitor, it wasn’t all good news for some law firms.

The overwhelming majority of cases (95%) had used the solicitor they were referred to by their insurance or claims company, leaving a diminutive amount of clients that sought legal advice based on personal recommendation or previous experience.

There are constant campaigns from law firms highlighting the importance of making a Will. Though I have colleagues who specialise in Wills and Probate, I am a litigation lawyer whose recent big cases have been as a result of inadequate provision of an individual’s assets after they have passed away.

In one case, an elderly lady died without having made any Will at all. Though her house was subsequently bestowed upon her next of kin, she had other relatives living in it at the time of her passing. Though this was not a permanent arrangement, they refused to move out of the property and the beneficiaries have spent a fortune following the legal process to have them removed so they can sell the property and distribute the proceeds.

In winter, dark mornings and nights coupled with the recent cold does mean that this is the time of year both drivers and pedestrians are at a greater risk from accident and injury.

As a personal injury specialist, I have noticed a sizeable change in the way my work is perceived by the public. People often make jokes, use names such as ‘Ambulance-Chasers’ or simply have a look in their eye that shows they have made a clear judgement on what I do for a living.

This perception has arisen mainly due to the sudden and rapid growth of claims companies, employing unqualified staff, who advertise in such a way as to appear to act as cash machines by turning every accident into a case for financial compensation whether warranted or not. This has led to the wide use of the phrase “claims culture” but the reality is that the number of claims made is down on previous years. Whilst there may be “bogus” cases, this should not stop injured persons seeking proper redress.

Is the biggest divorce case in UK history in danger of turning into the plotline of a Jackie Collins novel? Hopefully not, but with millions of pounds at stake, the breakdown of the marriage between the 64 year old former Beatle, Sir Paul McCartney and 38 year old model turned campaigner, Heather Mills could be heading in that direction.

As I lead a team of Matrimonial Lawyers this news immediately attracted my attention, but as more and more column inches and minutes of airtime are devoted to the story I wonder if the complexities and ramifications involved in ending this marriage are being lost in favour of media speculation and frenzy.

After early comments suggesting an amicable split, the parties now appear to have embarked on a media campaign to garner sympathy and support for their respective causes, Heather in particular recruiting Phil Hall former editor of the News of the World to handle her publicity machine.