Innovative Solution to Legal Aid Cuts Announcement

“The answer is not for people to be denied access to justice or legal services but for the legal profession to change how they deliver these services”

With the announcement today by the Justice Minister, Jonathan Djanogly, concerning cuts to the Legal Aid Service and the introduction of mediation assessments for couples considering divorce, Nockolds LLP announce their new fixed fee funding for family matters.

With the announcement today by the Justice Minister, Jonathan Djanogly, concerning cuts to the Legal Aid Service and the introduction of mediation assessments for couples considering divorce, Nockolds LLP are concerned about the impact on the community. Lynn Cowley, Partner Nockolds Solicitors LLP, maintains that

“The answer is not for people to be denied access to justice or legal services but for the legal profession to change how they deliver these services”

With the reduction in public funding available to separating couples in family disputes, and the Government’s stated intention to withdraw legal aid funding entirely (except where there is physical violence), it will be up to couples to fund their own legal representation.  Whilst the cost of a divorce can be relatively modest, it is the costs associated with sorting out finances, pensions and properties that can end up being expensive.  Not only that, but at the beginning of the process there may be no idea as to what the eventual costs will be.  The final bill is often a nasty surprise and the funding of those costs creates a lot of worry and concern.  The remedy is not to avoid solicitors, as even a relatively straightforward situation can be complex involving property, foreign property, pensions and the need to consider future income.  If agreements are not reached, and drawn up properly, there can be disastrous consequences for the future.

Nockolds have responded to today’s announcement concerning cuts to Legal Aid and the introduction of Mediation Assessments by introducing their fixed fee funding scheme in family matters and highlighting their Lawyer Mediator capability with Carolyn Hanes. 

The scheme is designed to allow people access to justice and representation at Court in financial matters, when there is a relationship breakdown in marriage, the unmarried family and civil partnerships.  It works on the basis that subject to a satisfactory means and merits test, the family team will evaluate the cost of taking the matter forward to cover all Court representation to a Final Hearing.  A fee will then be determined.  The fee will be based on lower hourly rates because the set up of the scheme is dependent on the matter being overseen by a  partner, but daily aspects managed and effected by other personnel within the department to provide more value for money.   The benefit is that once that sum is paid, the client need have no further worry at all about costs, and if they overrun, these will be met by Nockolds.

Public funding is not free in that any public funding in cases about money is paid back to the Legal Services Commission, attracting interest if the monies are not paid back straight away.  Nockolds cannot offer a banking service to the clients but can offer certainty of fees and very good value for money.

Nockolds Managing Partner, Darren Hayward, says:

 “We have always striven to provide a service to our community and have recently become acutely aware that some people are not getting the advice or representation they need.  By agreeing a fixed sum which would be paid at the outset, and then carrying the risk for the client as to whether the matter is completed within that estimate or overruns, we will take away concerns about costs.  We are confident about the effectiveness of our team and believe the task of managing the costs is ours.  We wish to take away from the client the uncertainty and worry about legal fees, whilst at the same time providing them with a first rate service.  As far as I am aware, this is the first scheme of its kind being launched.  We are very pleased to announce that we have had significant interest from major Barristers Chambers and other professionals, who have joined Nockolds scheme and who are willing to provide their services under this arrangement.  I am very proud that Nockolds is at the foremost in the market in responding to the current challenges.”

For anybody who may be interested in enquiring more about this scheme or applying, please contact:

Lynn Cowley, Partner in charge.

Lynn Cowley (profile) Wednesday 23rd February 2011
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